GUJARAT AMBUJA CEMENT LIMITED Vs. GOVINDBHAI LAKHMANBHAI GADHE

JUDGEMENT

(1.) This application is filed against the order passed below ex. 200 in Regular civil suit No. 387 of 1988 by the learned Civil Judge (S.D.), Amreli rejecting the application of the petitioner under Order 1, Rule 10 (2) of the Code of Civil Procedure, 1908 ('the Code' for short). The petitioner is the original applicant which had preferred an application under Order 1, Rule 10(2) of the Code for being impleaded as co-defendant in the above suit filed by respondent No. 1 against respondent Nos. 2 and 3. The suit filed by the plaintiff is for a declaration that original defendant No. 2 Mamlatdar at Kodinar is not entitled to take possession of the land pursuant to the notice dated 31.8.1988, and also for a permanent injunction restraining the defendants from interfering with possession of the land pursuant to the said notice.

(2.) The original plaintiff had earlier preferred Regular civil suit No. 399 of 1986 against the State of Gujarat and Mamlatdar, Kodinar and also P.S.I. Kodinar and the present petitioner inter- alia contended that it is in possession of the agricultural land and the defendants have no right, title and interest in the said land bearing survey No. 305 admeasuring 8 Bighas.

(3.) According to the plaintiff, he has become owner by adverse possession and that the notice dated 17.7.1986 issued against him alleging that the aforesaid land has been encroached upon by him is illegal. Therefore, the plaintiff filed the aforesaid suit for a perpetual injunction restraining the defendants from entering into the suit property. The plaintiff also applied for interlocutory injunction alongwith the plaint. The trial court had not granted the interlocutory injunction. The order of the trial Court was passed on 9.5.1988. A similar suit was also filed by Babubhai Rambhai Gadhe in respect of another property being part of S. No. 305 of village Vadnagar being Regular Civil Suit No. 379 of 1986 on the similar grounds.