PRAVINCHANDRA MANILAL DAVE Vs. CONTRACTOR DINESHBHAI RAMNIKLAL

JUDGEMENT

(1.) This Revision Application has been filed under Sec. 115 of the Code of Civil Procedure, 1908 ("the Code" for short), in which, the applicant - original defendant has challenged the order dtd. 27/9/2020 passed by the learned 6th Additional Senior Civil Judge, Nadiad, below application Exh.52 filed in Regular Civil Suit No.153 of 2007.

(2.) Heard learned advocate Mr.Mrugen Purohit for the applicant and learned advocate Mr.Hemang Parikh for the respondents caveators.

(3.) Learned advocate Mr.Purohit appearing for the applicant submitted that the present respondents - plaintiffs have filed Regular Civil Suit No.153 of 2007 for declaration and for possession of the suit property and prayed that the defendant is enjoying the suit property by virtue of leave and licence right and has also prayed to direct the defendant to handover the possession of the suit property to the plaintiff Trust. It is also prayed that the declaration be given that the defendant had no right to do seva puja as Pujari in the temple as his right to do puja has been cancelled by passing resolution. Learned advocate for the applicant has referred the plaint, a copy of which is placed on record at Page- 21 of the compilation. It is submitted that the applicant - defendant appeared in the suit and filed written statement vide Exh.15 and raised various contentions. Thereafter, the applicant - defendant filed application Exh.52 under Order VII Rule 11 of the Code and prayed that the plaint filed by the plaintiffs be rejected. It is submitted that by way of the impugned order dtd. 27/9/2020, the concerned trial Court has rejected the said application and, therefore, the present applicant has filed this Revision Application.