VINODBHAI GHUSABHAI AASODARIYA Vs. SUBHAM ENTERPRISE

JUDGEMENT

(1.) The Present application is submitted by the applicant who are the appellant of Appeal from Order No.497 of 2014 for remeasurement of suit property being revenue Survey No.99 paikee admeasuring 8 acres, situated at village - Gundala, Taluka Gondal, District - Rajkot. On the premises that the measurement done by the DILR has misread/misinterpreted the order dated 17.06.2015 passed by this Court in Civil Application No.14085 of 2014.

(2.) Heard Mr. Shalin Mehta, learned senior counsel assisted by Mr. P.J. Vyas, learned advocate for the applicant and Mr. Sudhir Nanavati, learned senior counsel assisted by Mr. Tushar L. Sheth, learned advocate for the opponents.

(3.) Mr. Mehta, learned senior counsel submits that the DILR has not prepared the matching sketch in compliance of order of this Court. He further submits that the DILR ought to have prepared the sketch on the basis of measurement done by him. According to his submission, measurement is necessary to find out the truth and resolve the dispute between the parties. It is his further submission, that the DILR has not complied with the direction of this Court in its entirety and has recorded opinion as to possession which is unwarranted. He urges that the DILR may be directed to carry out the measurement of plot or the entire survey no. so that the land belonging to the appellant can be identified. He, therefore, submits that the application may be allowed.