SUNILBHAI PRANBHAI KHARA Vs. RUKSHMANIBEN GIRDHARLAL MEHTA

JUDGEMENT

(1.) The present Civil Revision Application is filed against the order dated 25.2.2002 passed by the learned Civil Judge (JD), Rajkot, in application below Exh. 98 in Special Civil Suit No. 202 of 1998, whereby the learned Judge has rejected the application Exh. 98 filed by the present petitioner, original-defendant in the suit praying for a relief to frame the preliminary issue in regard to the jurisdiction of the Civil Court to try the Civil Suit filed by the present respondents who are original-plaintiffs in the suit.

(2.) The brief facts, giving rise to the present petition, are that the respondents-plaintiffs have filed Special Civil Suit No. 202 of 1998 in the Court of learned Civil Judge (SD), Rajkot, for a declaration that out of plaintiffs' plot No. 34 admeasuring 361-3-0 sq.yards of land, the encroached land of the plaintiffs be ordered to be given vacant and peaceful possession and decree may be passed accordingly and it may further be declared that the petitioner original-defendant has no right to put up any construction on plot No. 34. The respondents-plaintiffs have also filed an application for temporary injunction. Initially, the trial court had granted status-quo order, however, the said status-quo order has been vacated after hearing the parties and against that order the respondents had filed an Appeal From Order No. 658 of 1999 before this Court which was rejected and the order of the trial court was confirmed in favour of the petitioner.

(3.) The case of the petitioner is that he is a member in Prakash Cooperative Housing Society which is registered under the Gujarat Cooperative Societies Act, 1962. The petitioner and the respondents are the members of the said society. It is the say of the respondents in the suit that they purchased plot No.34 admeasuring 361-3-0 sq.yards of the land in the said society from the deceased Girdharlal Laxmichand Mehta. The petitioner has purchased the plot No.35 and the petitioner has constructed his residential premises and has been residing in the said premises.