SABERABEN ALIBHEN JAFAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The order dtd. 12/10/2022 passed in Civil Application No.1 of 2020 filed in Special Civil Application No.2760 of 2000 has been challenged in this intra court appeal. The appellants herein, claiming to be the legal representatives of one Mr. Alibin Saiyedali who was the second respondent in Special Civil Application No.2760 of 2000, filed an interlocutory application without specifying the provision of law to be joined as party respondent Nos. 8 and 9 in Special Civil Application No.2760 of 2000. The said application having been dismissed by order dtd. 12/10/2022, is challenged in this intra court appeal.

(2.) Appellants claiming to be the predecessor in title and asserting right over the land bearing Survey No.64 admeasuring 43 acres and 19 gunthas situated at Targhadi village, Rajkot District alongwith other writ applicants sought for being impleaded before the learned Single Judge in Special Civil Application No.2760 of 2000, which Special Civil Application had been filed by the State challenging the order dtd. 1/7/1997 passed by the Gujarat Revenue Tribunal in Appeal No.15/ 1995 whereunder the order passed by the Collector dtd. 9/4/1995 for entering the name of the Government in the revenue records came to be set aside and thereby confirming the order of the Deputy Collector, Morbi in Misc. Appeal No. 28/1989 which had confirmed the order passed by the Mamlatdar in Case No.2/70-84 by order dtd. 20/2/1985. The application filed by the appellants for getting impleaded was opposed by the power of attorney holder Mr. Purshottam Keshavbhai Savaliya and Mr. Dhamjibhai Veljibhai Nasit contending inter alia that they had no right over the property and the right claimed by them as power of attorney holders is based on a forged document and as such any order that would be passed in the Special Civil Application No.2760 of 2000 would affect the rights of the appellants and as such contending that they are necessary and proper parties sought for being impleaded. It was also contended that appellants being the legal representatives of Mr. Alibin Saiyedali the second respondent in Special Civil Application No.2760 of 2000 should be permitted to be impleaded as legal representatives of deceased Mr. Alibin Saiyedali since they are his wife and son and as such they are entitled to represent his estate and learned Single Judge ought to have allowed the said application.

(3.) We have heard the arguments of Mr. S. P. Majmudar, learned counsel appearing for the appellants and Mr. K. M. Antani, learned Assistant Government Pleader appearing for State. Perused the records.