DINESHCHANDRA PRABHULAL SHAH Vs. HASMUKHBHAI PRAHLADBHAI PATEL

JUDGEMENT

(1.) By this application, the applicant, has alleged that the opponent, is guilty of willfully disobeying the statement made in the affidavit-in-reply filed in captioned Special Civil Application no.14759 of 2023 as well as the order dtd. 10/10/2023 passed therein. In view of the above, it would be apt at this stage to refer the order, which reads thus:-

(2.) In this background, following submissions are made:-

(3.) On the other hand, Mr S.P. Hasurkar, learned advocate for the opponent has submitted that initially, the revenue record with respect to the land in question made available, by the District Inspector of Land Records (hereinafter referred to as 'DILR'), was considered. As per the map, the line, was laid between survey nos.175 and 146, i.e. in the land bearing survey no.160 which is owned and possessed by one Kadwa Patidar Vadi and Salatpur Patel Dhanjibhai Parshottamdas. It is submitted that requisite notices, were issued to the owners of survey no.160; however, no notice was issued to owner of survey nos.146, 175 as, according to the opponent, line was not passing through the land in question.