RAMABHAI LAKHABHAI MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel appearing for the parties.

(2.) ON 23rd April, 2009, following order was passed.

(3.) LEARNED counsel appearing for the applicants submit that deceased Motibhai Mali was the owner of the land bearing Survey No. 3/k re-numbered as Block No. 11 and on sad demise of Motibhai, land is inherited by his heirs and applicant Nos. 1 and 2 are elder brothers-in-law of Gajraben Motibhai Mali. The applicant No. 3 is owner of adjoining survey number who was also falsely implicated by the complainant. It is further submitted that so far as dispute pertaining to the land Special Civil Suit No. 223/2006 was filed in the Court of the Principal Judge, Vadodara for partition and permanent injunction, where the husband of respondent No. 3 is a party. Even earlier also civil litigation continued but the fact remains that the applicants are in possession of the property shown at 'annexure B' to the application and have been cultivating the land for which the revenue entires are also made in the revenue record. The impugned complaint is nothing but an abuse of process of law and, therefore, the complaint being frivolous and vexatious deserves to be quashed and set aside. Even otherwise also the claim of the complainant that the husband and father-in-law of the complainant became land owner on execution of wil by the tenant, itself is illegal in view of the recent decision of the Division Bench of this Court. Thus, according to learned counsel appearing for the applicants, the impugned complaint deserves to be quashed and set aside. In spite of opportunities given to the complainant and his counsel, no representation is made.