PIYUSHBHAI JAYANTILAL GANDHI Vs. SPECIAL SECRETARY

JUDGEMENT

(1.) Heard learned Senior advocate Mr. M.S. Shah with learned advocate Mr. A. R. Kadri appearing for the petitioner, learned Assistant Government Pleader Mr. Jayneel Parikh appearing for the respondents No.1, 2, 3 and 4, learned advocate Mr. Niyant R. Bhimani appearing for the respondents No.5, 6, 7, 8. Despite service of notice, none appears for the respondent No.9.

(2.) Though there are two separate petitions preferred by the same petitioner, learned senior advocate Mr. M. S. Shah submitted that by way of a Will, different parcels of land were given to the petitioner, for which different entries were mutated and therefore, the revenue proceedings commenced separately in respect of two different entries and therefore, there are two petitions and hence, except for the two different revenue entries as the facts are by and large the same both the matters may be taken up together. Learned advocate Mr. Niyant Bhimani did not dispute the aforesaid submissions and hence, both the matters were taken up together and now being decided today.

(3.) Since the matter is being heard finally with the consent of learned advocates appearing for the respective parties, issue RULE. Learned Assistant Government Pleader Mr. Jayneel Parikh waives service of rule on behalf of the respondents No.1, 2, 3, 4 and learned advocate Mr. Niyant R. Bhimani waives service of rule on behalf of respondents No.5, 6, 7, 8. According to learned senior advocate Mr. M. S. Shah, respondent No.9 has never challenged the Will executed in favour of the petitioner and nor she objected to the concerned mutation entry which is a subject matter of dispute between the parties and also considering the fact that despite the notice was served upon respondent No.9, she had not chosen to appear before this Court, the matter is heard in absence of respondent No.9.