DHORAJI MUNICIPALITY Vs. KOLI BACHUBHAI BHAGWANJIBHAI

JUDGEMENT

(1.) BY way of filing this petition, the petitioner has challenged the order dated 14.08.2003 passed by the learned Extra Assistant Judge, Gondal, in Civil Misc. Appeal No. 77 of 1998 whereby the appeal filed by the petitioner- Municipality is dismissed.

(2.) THE facts of the case in brief are that the respondent approached the Civil Judge (J.D.), Dhoraji, by way of Regular Civil Suit No. 140 of 1997. THE suit was filed for declaration and it was prayed that the foot path which is situated outside the Government Hospital at Dhoraji on which the respondent is having his cabin may not be removed and further, after removal of the said cabin, said place may not be given to some other person and/or no construction may be permitted without prior permission of the Collector. THE respondent also filed an application under Exh. 5 for interim relief. THE learned Civil Judge (J.D.), Dhoraji, by his order dated 30.07.1998 granted the application under Exh. 5 partly whereby the petitioner-municipality was directed not to interfere by removing the cabin of the respondent till final disposal of the suit. Being aggrieved by the aforesaid order, the petitioner approached the learned Assistant Judge, Gondal, by way of filing Civil Misc. Appeal No. 77 of 1998 under Rule 43 of Civil Procedure Code. THE learned Extra Assistant Judge, Gondal by his order dated 14.08.2003 dismissed the appeal filed by the municipality. Hence, this petition.