JAIGOPAL HASMUKHBHIA PAREKH Vs. SHITAL VASANTLAL KOTAK

JUDGEMENT

(1.) IN this petition under Article 227 of the Constitution of India challenge is made to the order of the learned appellate Court passed in Miscellaneous Civil Application No.26 of 2011 on 17.9.2011. The petitioner is the original plaintiff having the land bearing Survey No.1222 at Dhangadhra on the main highway. 0.24 Gunthas out of the total amount was required by the Government for road widening. It is the say of the petitioner that Hansrajbhai Valjibhai and Diwaliben Nathlal purchased the land admeasuring 6.15 gunthas in the year 2002-03 by a registered document out of which 0.24 gunthas was acquired by the Government. The petitioner purchased 5.31 gunthas by a registered sale deed No.1378 dated 11.6.2002 and out of the said land 2.14 gunthas of land was going under the submergence. The Revenue appeal was preferred by the original occupants Hansrajbhai Valjibhai and Diwaliben Nathlal before the Collector and subsequently before the Gujarat Revenue Tribunal. Since the petitioner purchased the land in the year 2002 of 5.31 gunthas , she was impleaded as a party before the GRT.

(2.) THE respondents having the land bearing Survey No.1557 adjacent to the land of the petitioner are alleged to have encroached upon the land, which is in possession of the petitioner. Therefore, Regular Civil Suit No.120 of 2011 was preferred where the order of status quo was granted on 17.9.2011. Thereafter, the said order was vacated after hearing both the sides and the petitioner preferred Miscellaneous Civil Application No.26 of 2011 before the District Court, Dhrangadhra which confirmed the order of the trial Court rejecting the application for injunction.

(3.) LEARNED advocate Mr. Mamata Vyas fervently argued for and on behalf of the petitioner and urged as to how the respondent is attempting to encroach upon the land although he has no right to so do it. She, therefore, urged that the protection will be inevitable otherwise the respondents would take advantage of the situation and will non-suit the petitioner. She emphasized that the respondents admittedly are owning Survey No.1557 which is adjacent to that of the petitioner, who has no relation with Revenue Survey No.1222. Therefore, it in no manner can disturb the possession of the present petitioner. Appearing for the Caveator Mr. Hriday Buch at the outset, admitted that the respondent is concerned with Survey No.1557 and as far as the suit land belonging to the present petitioner bearing 2.15 gunthas, no disturbance is to be caused. However, he forcefully argued that as noted by the trial Court, the plaintiff has failed to prove ownership of 6.15 gunthas. According to him, on the other side of the road, the disputed land of 2.14 gunthas is situated for which the proceedings before the GRT is pending. Both the Courts have consecutively when decided the issue against the present petitioner, only in exceptional cases, this Court should interfere by invoking its jurisdiction under Article 227 of the Constitution of India.