DHANKIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal under clause 15 of the Letters Patent, the appellants - original petitioners have challenged an oral order dtd. 24/11/2017 passed by the learned Single Judge in the captioned petition, dismissing the petition and upholding the orders passed by the revenue authority including the revisional authority and further observing that the revenue entries shall be subject to final outcome of Civil Suit Nos.15/2017 to 17/2017 filed at the instance of the present appellants - original petitioners. The appeal came to be admitted by order dtd. 10/1/2019, however the order passed by learned Single Judge was stayed during the pendency of the appeal.

(2.) The short facts arise from the record are that the present respondent Nos.5 (deceased) and respondent Nos.6 to 12 filed a writ petition being Special Civil Application No. 10502 of 2012 before this Court challenging the order passed by the revenue authority by which Entry No.346 came to be registered in favour of the present appellants. The said petition was dismissed, however the petitioners of that petition (present respondent Nos.5 and respondent Nos.6 to 12) were permitted to file appropriate proceedings and accordingly, the respondents herein filed appropriate proceedings before the revenue authority which passed the order in favour of the present respondents. The said decision is challenged by the present appellants - original petitioners by captioned petition.

(3.) Civil Application No.1 of 2020 came to be filed at the instance of the present respondents for appropriate direction, which was disposed of by the Coordinate Bench of this Court by oral order dtd. 11/8/2021.