BHARWAD MOTIBHAI RATABHAI Vs. TAPUBHAI KALABHAI

JUDGEMENT

(1.) THE petitioneroriginal defendant in Regular Civil Suit No.171 of 2004 instituted in the Court of the learned Additional Senior Civil Judge, Dhrangadhra is aggrieved by an order dated 07.03.2008 passed by the learned Additional District Judge, Surendranagar at Dhrangadhra in Civil Misc. Appeal No.25 of 2005 confirming the order dated 15.09.2005 passed by the learned Additional Civil Judge (Junior Division), Dhrangadhra below Exh:5 in the above Regular Civil Suit. By impugned orders, the petitioner herein was restrained from interfering against respondents' carrying on the agricultural operation on the disputed piece of land.

(2.) THE petitioner is Bharwad by caste which is a NonScheduled Tribes Community and the respondents are Bhangi by Caste as defined by them in the cause title of the plaint, albeit such a description was no more permissible since members of such community must be addressed as Harijans as commanded by father of nation Mahatma Gandhi. Be that as it may, since the respondents have defined themselves as such, they are referred to as such in this paragraph only. They are members of a scheduled caste.

(3.) BY temporary injunction, the respondents' possession was protected by an order below Exh:5, the challenge to which by the petitioner failed in Civil Misc. Appeal in the District Court. The petitioneroriginal defendant is, therefore, before this Court.