SONKIBEN MANKABHAI VASAVA Vs. ISHWARBHAI NAGJIBHAI TALPADAKOLI

JUDGEMENT

(1.) By way of the present petition, the appellant-original respondent No.1 has challenged the judgment and order of the learned Single Judge, Dated 28.02.2013, rendered in Special Civil Application No.12432 of 2003, whereby the learned Single Judge has allowed the said petition.

(2.) We have heard learned counsel appearing for the parties and perused the material on record. We have also perused the impugned judgment passed by the learned Single Judge of this Court. The judgment of learned Single Judge reads as under:

(3.) It has come on record that the sale-deed is of 28-3- 1967, which is much prior to the act coming into force. There is an unexplained delay of 30 years and the suo motu powers could not have been taken by the authorities even after the present respondents have been put into possession of the said land. Therefore, we are in complete agreement with the view taken by the learned Single Judge.