YUSUF GULAMMOUDIN MOGAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this Appeal the appellant " original petitioner seeks to challenge the legality, validity and propriety of the judgment and order dated 3rd August 2009 passed by the learned Single Judge, whereby the learned Single Judge rejected the petition, confirming the order dated 25th June 2009 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.B.S.36/2007.

(2.) THOUGH the facts of the entire case have been narrated exhaustively in the judgment and order of the learned Single Judge, still few facts relevant for the purpose of deciding this Appeal can be summarised as under:-

(3.) IT is at this stage that the appellant herein preferred Special Civil Application No.7852/2009 and challenged the order passed by the Tribunal dated 25th June 2009. The learned Single Judge, while rejecting the petition, took notice of the fact that in Special Civil Application No.984/2004 preferred by Shri Vijaykumar, this Court, vide order dated 17th August 2004, directed the parties to maintain status quo and have the dispute resolved before the civil court. The learned Single Judge took notice of the fact that Vanitaben could not have transferred the land in question in favour of Shri Maganbhai Vyas and Shri Hasmukhbhai Patel on 9th April 2007 without the title being established and cleared and the same would be the position vis-a-vis Shri Chetankumar. If Vanitaben and Shri Chetankumar could not execute a sale-deed in favour of Shri Maganbhai Vyas and Shri Hasmukhbhai Patel, the said two persons could not have transferred the land under sale-deed dated 29th July 2008 in favour of the present appellant herein.