HATHUBHA KALUBHA NADA Vs. KISHOR BHIMJI GANGAR

JUDGEMENT

(1.) In this petition under Article 226 and 227 of the Constitution of India, the petitioner has assailed the order dated 03.04.2021 passed by learned 3rd Additional District Judge, Kutch at Bhuj in Civil Misc. Appeal No.5 of 2020 whereby the order dated 20.12.2019 passed by the learned Additional Civil Judge, Mundra below Exhibit-5 in Regular Civil Suit No.535 of 2019 is confirmed.

(2.) I have heard Mr. Hiren M. Modi, learned advocate for the petitioner.

(3.) Mr. Modi, learned advocate submits that the orders passed by the Courts below is contrary to page-36 map. It is his submission that the temple is in existence since many years and the petitioner and other villagers used to visit the temple without any hindrance or obstruction. He vehemently submits that the ownership of the land is also disputed and the Courts below ought to have considered the certificate issued by Sarpanch of Kundrodi Gram Panchayat which certifies the existence of temple. He, therefore, urges that the petition requires consideration.