UNION OF INDIA Vs. BHOGILAL M DOSHI

JUDGEMENT

(1.) AS in all these Special Civil Applications, common question of law and facts arise, they are being disposed of by this common order.

(2.) AT the outset, it is required to be noted that initially the common petitioner -Union of India, Western Railway had preferred Civil Revision Applications. However, considering the decision in the case of MAHENDRAKUMAR RAMANLAL THAKKER Vs. VANECHAND MORARJI DESAI, HEIR OF DECEASED DHANKUVERBEN VANECHAND, reported in 2004(1) GLH 736 and the decision in the case of KAPOOR DEVIERWALA HOTELS Vs. SURAT TEXTILE MARKET CO.OP SHOPS and WAREHOUSING SOCIETY LTD., reported in 2004(3) GLR 2565, the learned advocates appearing on behalf of the respective parties have requested to convert the Civil Revision Applications into Special Civil Applications and vide order dated 18th March, 2008, the common respective petitioner -Union of India, Western Railway was permitted to convert Civil Revision Applications into Special Civil Applications and that is how they are numbered as Special Civil Applications.

(3.) BY way of these petitions under Article 227 of the Constitution of India the respective common petitioner - Union of India Western Railway, Mumbai has prayed for an appropriate writ, order or direction quashing and setting aside the orders passed by the learned Executing Court in Land Reference Darkhast Case Nos. 9/2006 to 18/1996, 1/1997 and 2/1997 filed by the respective respondent herein -claimant. Few facts are necessary for determination of the present Special Civil Applications.