KUBERSHWAR MAHADEV NA VAHIVAT KARTA - PUJARI MAHANT SHREE Vs. MATA NARMADE HAR SEVA TRUST KARNALI TAL DABHOI

JUDGEMENT

(1.) RULE. learned advocate appearing on behalf of the respondents. With the consent of the learned advocate appearing on behalf of the respective parties, the matter is taken up for final hearing today.

(2.) THE petitioner, by way of filing present petition under Article 227 of the Constitution of India, has prayed for appropriate writ, order and/or direction quashing and setting aside the judgement and order dtd. 28/11/2007 passed by the learned Additional District Judge and Presiding Officer, FTC No. 7, Vadodara in Misc. Civil Appeal No. 250 of 2006, in allowing the said appeal and quashing and setting aside the order passed below application Ex. 5.

(3.) THE petitioner herein - original plaintiff filed Regular Civil Suit No. 25 of 2005 in the court of learned Civil Judge (J. D.), Dabhoi for declaration and injunction against the respondents - original defendants restraining them from putting any unauthorised construction on the land other than the land allotted to them. It was the contention on behalf of the petitioner - plaintiff that Old Survey No. 45 of Vadodara State came to be numbered as Survey No. 25 and the same was constituted as Block No. 495 under the Fragmentation Act, situated at village Karnali, Taluka Dabhoi, District ; Vadodara. It is also the contention on behalf of the plaintiff that so far as the respondents - defendants are concerned, they were allotted and/or they were entitled to continue in possession of land admeasuring 54 X 41 sq. feet and 18 X 31 sq. feet of Block No. 495 only and they had no right to put up construction on any other land, and as the respondents started putting unauthorised construction towards Northern and Western sides of the Bhataji's house, the aforesaid suit came to be filed. In the said suit, application Ex. 5 for interim injunction was submitted by the plaintiff and the learned trial court, by order dtd. 26/6/2006 granted the said application. Being aggrieved by the order passed by the trila court below application Ex. 5 in Regular Civil Suit No. 25 of 2005 dtd. 26/6/2006, the respondents - original plaintiff filed Misc. Civil Appeal No. 250 of 2006 before the District Court, Vadodara, which came to be heard by the learned Additional District Judge and Presiding Officer, FTC No. 7, Vadodara, who vide his judgement and order dtd. 28/11/2007 allowed the said appeal by quashing and setting aside the order passed by the learned Principal Civil Judge, Dabhoi below application Ex. 5 dtd. 26/6/2006 in Regular Civil Suit No. 25 of 2005. Being aggrieved by and dissatisfied with the order passed by the appellate court, the petitioner - original plaintiff has preferred present petition under Article 227 of the Constitution of India.