KANUBHAI GORDHANBHAI PATEL Vs. DHANJIBHAI DEVJIBHAI PARMAR

JUDGEMENT

(1.) Heard learned advocate Ms Kapadia for the petitioner, who is the original defendant in Regular Civil Suit No.4 of 2005 pending before the Civil Court, Bharuch. The suit was filed by the present respondent - Dhanjibhai Devjibhai Parmar seeking a declaration and injunction, and an application for interim relief was also tendered. Besides filing reply to the application and the written statement, the petitioner passed a purshis (Exh.16) declaring that the petitioner does not propose to make construction in Naveri admeasuring 5 ft. X 4 ft.. After hearing the parties, the Civil Court passed an interim order on 13.1.2005 observing that in light of Exh.16, the defendant shall not make construction in the Naveri admeasuring 5 ft. X 4 ft. during pendency of the suit. This order was challenged by the defendant by preferring Misc. Civil Appeal No.7 of 2005 in the District Court, Bharuch. The said appeal came to be dismissed by judgment and order dated 7.7.2005, which has given rise to the present Special Civil Application.

(2.) Learned advocate Ms Kapadia for the petitioner-original defendant submitted that the suit is not proceeding and the defendant is not permitted to advance any defence by resorting to the purshis (Exh.16). However, there is nothing on record of this Court to support her submission.

(3.) If the defendant meant the purshis to be effective only during pendency of the suit and the trial Court has injuncted the defendant-petitioner from making construction on the basis of that purshis during pendency of the suit, the petitioner cannot have any objection and the appellate Court was also justified in dismissing the appeal. This Court also finds no reason to interfere with the order impugned in this petition. The petition, therefore, cannot be entertained.