JAGDISHBHAI CHIMANBHAI PATEL Vs. KANUBHAI AMBALAL PATEL

JUDGEMENT

(1.) THE judgment and order dated 20.12.2012 in Special Civil Application No.12259 of 2012 by the learned Single Judge is under challenge in this appeal. The appellants, who are petitioners before the learned Single Judge challenged the judgment and order dated 24.8.2012 by the 2nd Addl.District Judge, Gandhinagar in Misc.Civil Appeal No.45 of 2012 (Appeal from Order) arising out of the judgment and order dated 1.5.2012 below Exh.5 in R.C.S.No.185 of 2011.

(2.) HEARD learned advocate Mr.Mahesh N.Bhavsar for the appellants and Mr.Jigar M.Patel, learned advocate for respondent No.1 as Caveator. Respondents No.2 and 3 are family members of respondent No.1 whereas respondent No.4 is Uttar Gujarat Vij Company Ltd.

(3.) THEREFORE , original plaintiff, whose application was dismissed by the Appellate Court, has preferred Special Civil Application for confirmation of same relief i.e. restraining defendants from transferring the connection from one Survey No. to another. Such relief is mainly because of the inter se disputes between the partners of the partnership firm. Therefore, practically, no-one else are concerned and there is no scope of issuance of any relief under Article 226 of the Constitution of India except Supervisory Jurisdiction of this Court under Article 227 of the Constitution of India to examine that whether the lower Court has committed any irregularity or illegality and that whether there is any perverseness in the impugned judgment or not. Having limited jurisdiction in such cases, it would not be appropriate for this Court to re-examine the evidence and to come to any conclusion on consideration of such prima-facie evidence only at this stage of interim application, which has been dragged upto this Court, for the simple and clear reason that any observation or discussion on any such prima-facie evidence, would, ultimately, hamper the final trial before the trial Court, which has to decide the issues before it, relying solely upon the actual evidence adduced before it and more particularly without being influenced by the observations, if any, on prima-facie evidence at such stage of interim orders only.