PARTHKUMAR RAMNIKLAL KALAVADIYA Vs. KANTABEN DHARMESHBHAI PATEL

JUDGEMENT

(1.) Heard learned advocate Mr. Virat G. Popat for the petitioner and learned advocate Mr. S. P. Majmudar for the respondent.

(2.) Petitioner is original plaintiff, whereas respondent is original defendant in Regular Civil Suit No. 40 of 2014 pending before the Court of learned 12th Additional Senior Civil Judge, Rajkot. The parties are referred in their capacity in original suit.

(3.) The defendant has filed an application at exhibit 29 before the Civil Court praying to get back the possession of the property, which was leased to the plaintiff with direction to the plaintiff to pay Rs.30,000/- per month to the defendant towards mense profit for unauthorized occupation and utilization of suit property and to restrain the plaintiff from using the suit property and to create any obstruction for the defendant to enter into such property. In addition to factual averments and details, such application is filed on 18.06.2014 by the defendant, when application at exhibit 5 for interim relief against defendant was dismissed, and an application at exhibit 18 to restrain the plaintiff from disturbing the possession and entrance of first floor of leased property is allowed, and when plaintiff has failed to vacate the leased property even after such order below exhibit 5 and 18.