SHAKRIBEN LAVJIBHAI GOHEL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This first appeal under section 96 of the CPC is at the instance of the original plaintiff and is directed against the judgment and decree dated 15th June, 2016 passed by the Judge of the City Civil Court, Court No.5, Ahmedabadi in the Civil Suit No.2161 of 2005.

(2.) It appears from the materials on record that the applicant herein preferred a civil suit for declaration and injunction in connection with the agricultural land bearing Survey No.234, situated at Mouje Shahwadi, Taluka & District: Ahmedabad. It is the case of the plaintiff that although the State Government is the owner of the land in question, yet he is in possession of the land since 1965. It is also his case that his mother late Shakriben Lavjibhai Gohel had preferred an application dated 31st December, 1984, addressed to the Collector for regularization of the possession of the land. The application was forwarded by the Collector to the City Mamlatdar for his opinion, but, thereafter, nothing was heard at the end of the Collector as well as the Mamlatdar.

(3.) On 2nd September, 1985, Shakriben, i.e, the mother of the plaintiff passed away. According to the plaintiff he had to prefer the civil suit as the defendant passed an order under section 61 of the Bombay Land Revenue Code for removal of the encroachment and also issued notice to handover the vacant and peaceful possession of the land in question. According to the plaintiff, the officials of the Collector Office visited the suit property on 21st November, 2005 and pressurized the plaintiff to vacate the land. In such circumstances, the plaintiff had to rush to the City Civil Court at Ahmedabad for obtaining urgent relief. It appears that an application Exh.10 was filed along with the suit, seeking leave to institute the suit without serving notice under section 80 of the CPC. Having regard to the urgency in the matter, the City Civil Judge, at the relevant point of time, granted leave to institute the suit without notice to the defendant under section 80 of the CPC.