SAVJIBHAI KORAT TRUST Vs. JETPUR GYMKHANA

JUDGEMENT

(1.) Since both these petitions arise out of different orders passed by the Court in the same suit, they are proposed to be disposed of by way of this common order.

(2.) Special Civil Application No.15508 of 2013 is filed by the petitioners-defendants challenging an order passed below Exh.5 and 23 in Regular Civil Suit No.21 of 2013 by the learned Principal Civil Judge, Jetpur dtd. 30/7/2013 whereby, Exh. 5 application came to be allowed and mandatory injunction was granted directing petitioners - defendants to remove the disputed constructed wall at their own cost and risk and to file affidavit to that effect before the Court and if they fail to do so, the plaintiff is authorized to remove the same at his cost and recover the same from the defendants. At the same time, by specific injunction order, petitioners - defendants were restrained from making any construction or creating any wall at the disputed site. At the same time, since the said order is also confirmed by the appellate Court rejecting Misc. Civil Appeal No.3 of 2013 by the Additional District Judge, Jetpur, petitioners have preferred this petition under Article 227 of the Constitution of India, challenging both the orders passed by the trial Court and confirmed by the appellate Court.

(3.) By filing Special Civil Application No.15571 of 2013, the petitioners - defendants have challenged the order passed below Exh.16 in aforesaid Regular Civil Suit No.21 of 2013 by Principal Civil Judge, Jetpur dtd. 30/7/2013 whereby request made by them to join the Collector, Rajkot as defendant in the suit under Order I Rule 10 of the Code of Civil Procedure, 1908 (for short, 'the Code') as also under Sec. 151 of 'the Code', which came to be rejected.