SADULBHAI GAGJIBHAI VAGHRI Vs. BHUPAT POPATBHAI VAGHELIYA

JUDGEMENT

(1.) Heard LAs for the parties. At the request of the LAs for the parties, the matter is taken up for final hearing.

(2.) The respondent No.1, original plaintiff has filed Reg. Civil Suit No. 74 of 1998 before the Civil Judge (J.D.), Jasdan, for declaration that the defendant has no right to remove the cabin of the original plaintiff, and also prayed for grant of permanent injunction in favour of the plaintiff and to restrain the defendant Municipality from removing the cabin from the place.

(3.) The petitioner herein had filed one application below Exh. 14, in Reg. Civil Suit No. 74 of 1998, for joining him as a party defendant/respondent in the said proceedings pending before the Civil Court, Jasdan. The defendant/original plaintiff has submitted that, he is doing a business peacefully, on a Gokhalana Road, in Vaghari Vas, adjacent to the house of persent petitioner. Because of a complaint filed by the present petitioner, before the Jasdan Police Station, he being a highly influenced person and being a political leader, the defendant-Municipality, Jasdan is making efforts to remove the cabin of the original plaintiff. The Jasdan Municipality is likely to remove the cabin. It was further contended that on 27.10.1998, the defendant/municipality (since deleted in present C.R.A.) had also issued a letter to the original plaintiff for removing his cabin. The original plaintiff has also filed an application for temporary injunction restraining the original defendant, Municipality from removing the said cabin which is adjacent to the house of the present petitioner, till the final disposal of the suit.