DECD JAGDEVRAO NARAYANRAO SEVALE Vs. KHANDERAO NARAYANRAO SAVALE

JUDGEMENT

(1.) These intra-Court appeals are directed against the order dated 31.03.2014 by which the learned Single Judge of this Court refused to invoke the powers under Order 39 Rule 2(A) of the Code of Civil Procedure for the alleged sale of some part of the land of revenue survey Nos.183/1/A and 183/1/B of Village Tarsali, Taluka and District Vadodara. The relevant observations of the learned Single Judge in the order impugned before us are quoted below for ready reference:-

(2.) The said proceedings were initiated for the alleged breach of the interim order dated 15.01.2001 passed in Special Civil Application No.236 of 2001, which was decided vide order dated 09.12.2016 whereby, the case was remanded back to the Gujarat Revenue Tribunal to decide the revision preferably within a period of four months. However, despite the lapse of four years, the same stands pending before the learned Gujarat Revenue Tribunal.

(3.) Having heard the learned counsel for the appellant Ms. Trusha Patel, we are not inclined to interfere with the order passed by the learned Single Judge, as the reasons assigned by the learned Single Judge for not invoking the powers under Order 39 Rule 2(A) of the Code of Civil Procedure are genuine and since the matter now stands remanded back to the Gujarat Revenue Tribunal, all questions of fact regarding the boundaries, exact area of the aforesaid two survey nos. of land along with tenancy rights of the appellants, are yet to be determined by the Gujarat Revenue Tribunal. In the absence of clear defined area, the alleged sale of part of this land, apparently, has not been held to be in violation of the interlocutory order passed in Special Civil Application No.236 dated 15.01.2001. No valid exception to the same can be taken by the appellants. Therefore, leaving these questions open and free to be decided by the Gujarat Revenue Tribunal, where the revision is still pending, we decline to interfere with the said order passed by the learned Single Judge dated 31.03.2014 and the Letters Patent Appeal is, accordingly, dismissed. The Gujarat Revenue Tribunal is expected to decide the revision as expeditiously as possible. The Civil Applications stand disposed of accordingly.