KAVERI ESTATE Vs. VIKULKUMAR NARANDS PANCHAL

JUDGEMENT

(1.) Present appeal under Order 43 Rule 1 of the Code of Civil Procedure is filed against the ex-parte order passed by the City Civil Court at Ahmedabad below Exh.25 and aggrieved by the said order, the original defendant No.1 has preferred the present appeal.

(2.) The background of facts is that the appellate Kaveri Estate Corporation, an Association of Industries, where there are 23 industrial establishments running various small scale industries. For the ingress and egress (outgress), all the members of Kaveri Industrial Estate are using the road passing adjoining to plot No.3765 of GIDC, Phase- IV, Vatva. This road, according to the appellant, is being used by the members since more than 15 years without any interruption and to indicate that, the photographs are also attached to the present appeal. It is the case of the appellant that the GIDC has sold the plot No.3765 by lease to the respondent on 9.5.2012, having area of 478.49 Sq. Mtrs. The boundaries are earmarked mentioned in the appeal memo. Upon acquisition of the said property by the defendant, the appellant members are using this road without interruption since more than 15 years which was neither objected by GIDC nor by the respondent at any point of time. A letter came to be received by GIDC for the first time on 15.12.2018 indicating as to whether any permission is obtained from GIDC for using this road, which is passing between plot Nos.3764 and 3765. The appellant association appears to have given a reply on 18.2.2019 and simultaneously, since it has not been disturbed for more than 15 years, and further it does not create any hindrance to any of the persons, a permission is also sought but the present respondent then has filed a suit for declaration on 16.3.2019. As a result of this, at that point of time, the association approached this Court by way of Special Civil Application No.4535 of 2019 with following reliefs:-

(3.) The appellant had further stated that thereafter on 15.3.2019, a suit has been filed by the respondent, being Regular Civil Suit No.361 of 2019, for seeking declaration and permanent injunction inter alia, praying that on northern side of plot No.3765 of GIDC, Phase-IV, Vatva, there is a boundary of GIDC and the plaintiff is not entitled to the said road for ingress and egress and as such, declaration is sought to the extent that they have no right, title and interest for the said passage and simultaneously, the respondent has also preferred an injunction application. The original plaintiff, i.e. the respondent herein, then submitted an application before the Police Commissioner, Ahmedabad as well as the Police Inspector, GIDC Vatva Police Station on 7.1.2019, seeking police protection and the plaintiff also issued notice to the appellant- original defendant for not using the road which was being used since more than 15 years by now. It is the case of the appellant that pursuant to the summons having been served, the appellant- original defendant engaged an advocate and submitted that the defendant's advocate sought time. Resultantly, the Court closed the right to file reply under the provisions of the Code of Civil Procedure and thereafter, granted mandatory relief in terms of para 11(a). Learned City Civil Court passed an order which is made the subject matter of the present Appeal from Order.