STATE OF GUJARAT Vs. VALLABHBHAI RAMBHAI PATEL

JUDGEMENT

(1.) THE State of Gujarat, through Secretary, Revenue Department, is before this Court. The petitioner has challenged the order passed by the learned Joint District Judge and 9th Fast Track Court, Kheda at Nadiad in Civil Primary Appeal No. 143 of 2004 dated 07. 05. 2005, whereby the learned first appellate Judge was pleased to allow the appeal and quash the order passed by the learned Civil Judge (S. D.), Nadiad below application Exh. 5 in Regular Civil Suit No. 230 of 2004 dated 30. 09. 2004, whereby the learned Civil Judge (S. D.), Nadiad was pleased to reject application Exh. 5.

(2.) HEARD learned Assistant Government Pleader Mr. Pathak for the petitioners and Mr. Parikh for the respondent - original plaintiff.

(3.) THE dispute involved in the matter is that the authorities issued notice under Section 61 of the Bombay Land Revenue Code to the the plaintiff, who is in possession of a land bearing survey number 'nil', admeasuring 53. 13. 98 sq. mtr. situated to the northern side of city survey No. 6739 in the limits of Kanadvanj Nagarpalika.