PRAVINBHAI HARILAL BHATT Vs. HANSABEN HARGOVIND PATEL

JUDGEMENT

(1.) This Appeal preferred under clause 15 of the Letters Patent arises from the order dated 5th March 2008 made by the learned Single Judge in above Special Civil Application No.4129/2008.

(2.) The matter at dispute is the constructed property, possession of which the appellant was directed to handover to the respondent no.1.

(3.) In the Civil Revision Application No.965/2000, the appellant gave an undertaking and agreed to handover the possession on or before 10th November 2000. Till the date neither the order is implemented nor the undertaking is respected. Instead, the appellant has filed Regular Civil Suit No.278/2000 to retain the possession of the suit premises. In the meanwhile, the construction in question was destroyed in the earthquake on 26th January 2001. The appellant has not handed over the possession either of the constructed property or the open land.