KUNTHUSAGAR OWNERS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners have prayed for stay of proceedings of Chapter Case No.1 of 2009 and 8251 of 2009. The prayer is sought to be sustained primarily on the ground that on the same subject matter land, civil suit is filed by the petitioners which is pending.

(2.) Learned advocate for the petitioner submitted that the suit has been instituted by the petitioners in which interim injunction is also granted. In that view of the matter, Chapter Case should not be permitted to proceed. Learned counsel for the petitioners has relied on following decision of the Apex Court:- Ram Sundar Puri v. State of U.P., AIR 1985 SC 472. Amresh Tiwari v. Lalta Prasad Dubey, AIR 2002 SC 1504 Ranbir Singh v. Dalbir Singh, (2002) 3 SCC 700. R.C.Patuck v. Fatima A. Kindasa, AIR 1997 SC 2320.

(3.) On the other hand, learned counsel Mr.Gandhi appearing for respondent No.2 pointed out that the chapter case is not lodged against the present petitioners and even the properties involved in the chapter case as well as in the civil suit are not identical. He submitted that unauthorized entry and trespassing is sought to be prevented through the chapter case and the cases are at the stage of final arguments at which stage, the petitioner has approached this Court and obtained stay.