RANABHAI RAVABHAI DANGAR Vs. ISHWARBHAI POPATBHAI PATEL

JUDGEMENT

(1.) The present petition is filed by the petitioners challenging the impugned judgment and order passed below Exh.26 in Special Civil Suit No.23 of 2020 dtd. 9/8/2021, by which, the trial Court has allowed the application under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 filed by the present respondents No.1 and 2.

(2.) Heard learned advocate Mr. Mulani for the petitioner/s, Ms.Aishwarya Chaudhari, learned advocate for the contesting respondents Nos.1 and 2 and Ms. Suman Motla, learned AGP for the respondent - State.

(3.) Mr. Mulani, learned advocate for the petitioner/s has submitted that the impugned judgment and order is passed though earlier also, the DILR has measured the land in question. He has further submitted that such application cannot be filed at belated stage with a view to collect the evidence. He has relied upon the provisions of Order XXVI Rule 9 of the Code and has submitted that the trial Court has not properly considered the provisions in the facts and circumstances of the present case and therefore, he prays to allow the present petition as the petitioner is also allotted land adjoining the land of present respondents No.1 and 2 and as per his submission, there is not dispute about the boundaries of their lands.