USHABEN JITENDRAKUMAR DHOLARIYA Vs. BHAGVANJIBHAI CHAKUBHAI UGHAD

JUDGEMENT

(1.) The petitioner has approached this Court seeking protection of her fundamental rights guaranteed under the Constitution of India, by filing this petition under Article 226 of the Constitution of India. The petitioner has also mentioned the Code of Civil Procedure, 1908 in the cause title of the petition. But then what is prayed is, 'the Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the judgement and order passed by the learned Joint District Judge, 3rd Fast Track Court, Gondal in Misc. Civil Appeal No.70 of 2001 dated May 30, 2005.'

(2.) The reasons for which a writ of certiorari under Article 226 of the Constitution praying for quashing the judgement and order of a subordinate court, are known to either the petitioner herself or her learned counsel. Similarly protection of which fundamental right is sought for by this petition, is also not disclosed by the petitioner as the same is not spelt out in the writ petition.

(3.) The facts of the case are that the name of the petitioner, daughter of one Jitendrakumar Alias Jivraj Kalyan was mutated in Village Form No.6 on 15.05.1979 by Entry No.1032 on the sad demise of her father, who died on 26.10.1977, at that time she was hardly 8 year old. A copy of the aforesaid entry is produced at Annexure 'C' to this petition. In that document Mr.M.P. Patel is described as guardian of the minor. It is the case of the petitioner that later on her grand mother sold the land bearing Survey No.170 of Village Station Vavdi admeasuring 11 acres and 29 gunthas which was mutated in her name by a registered sale deed dated 11.09.1979. This gave rise to filing of a suit being Special Civil Suit No.79 of 1979. The said suit was heard and disposed of by judgement and order dated 26.04.1983. Initially, the suit was filed in the name of the present petitioner, being minor through her mother and natural guardian, Smt. Premila Popatlal Patel. Subsequently, the plaint was amended and mother of the present petitioner was impleaded as co-plaintiff. The operative part of the judgement and order of the learned Civil Judge (Senior Division), Gondal reads as under: It is hereby ordered and declared that the suit property bearing Survey No.170 admeasuring 11 acres, 29 gunthas of Station Vavdi, Taluka Tejpur as described in para 13 of the plaint is ordered to be partitioned as under: (a) The share of plaintiff no.1 (present petitioner) is 1 acre, 26 gunthas, i.e. 5/36th share (b) The share of plaintiff no.2 (mother of the present petitioner) is 1 acre, 25 gunthas,i.e. 5/12th share, ( c) .. .. (d) .. .. Para 33 reads as under: