LALITABEN NANUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, is directed against the common order dtd. 14/12/2021 passed below Exh 94 and 87, in RCS No. 152 of 2010, by which, the learned Principal Civil Judge, Mahuva, District : Surat, refused to correct the block number of the suit land in the preliminary decree for partition and permanent injunction with respect to agricultural lands.

(2.) Heard learned counsel Mr. R.K. Shah appearing for and on behalf of the petitioner and Mrs. Megha Chitaliya, learned AGP for the respondent State.

(3.) The petitioner - original plaintiff had filed a civil suit for partition and permanent injunction with respect to land block No. 484- survey No. 301, 474- survey No. 293/1, 262/2/A and block No. 679 - survey No. 421, situated at village: Bartad, Taluka: Mahuva, Dist.: Surat. It was the case of the plaintiff that, the suit lands being ancestral properties, he was having 1/5th share in the lands and sought partition of it as he was the member of the HUF. The learned court below after considering the evidence on record and hearing the parties, declared that the plaintiff has 1/5th share in the suit lands and further directed the defendants not to transfer the suit land till its partition. The revenue authority was also directed to make partition of the land and submitted its report within 30 days and accordingly, the suit was partly allowed and preliminary decree was drawn on 22/7/2019.