JAGDISHBHAI RANCHHODBHAI SATODIYA Vs. GONDAL NAGARPALIKA

JUDGEMENT

(1.) LEARNED counsel for the petitioner seeks permission to amend the petition by joining City Survey Superintendent of Gondal Town as party ­ respondent No.5 to this petition. Permission is granted. Necessary amendment shall be carried out forthwith. Learned AGP Mr.Manan Maheta appears and waives service of notice of rule on behalf of newly added party ­ respondent No.5.

(2.) THE short dispute for which the parties are litigating herein is with regard to encroachment on T.P.Road. Rival allegations have been made in that regard. During hearing of this petition, a consensus was arrived at between the parties i.e. petitioner and the original respondent except the cooperative society who has not appeared despite service of rule, to an effect that since all records are available with the City Survey Superintendent who has been joined as party today, the matter may be referred to him for finding out the exact location of the sainik society as well as the land of the original plaintiff. The dispute pertains to the road adjacent to Final Plot No.30 which the petitioner claims to have been given to him.

(3.) IN view of the above consensus between the original parties to this petition, it is directed that the petitioner will approach the City Survey Superintendent, Gondal with appropriate application within a period of 15 days after giving notice to the respondent society as well as the Nagarpalika of the date the petitioner will move the City Survey Superintendent, and on receipt of such notice, all the parties concerned will appear before the City Survey Superintendent, who will examine the record of the land in question as also will pay a local inspection of the land in question and after resolving the above issue, will give the report to the parties within a period of eight weeks after application filed by the petitioner, who, in turn, will produce the same before the trial court in Regular Civil Suit No.114 of 2003 and Regular Civil Suit No.356 of 2008. Both the suits being concerned with the same subject matter, shall be heard together.