CHANDRIKABEN VASANTRAY SANGHAVI Vs. ASHWINBHAI VASANTRAY SANGHAVI

JUDGEMENT

(1.) The present Letters Patent Appeal is filed by original respondent - Chandrikaben Vsaantray Sanghavi aged about 80 years, feeling aggrieved by an order passed by the learned Single Judge dated 21.08.2018 passed in Special Civil Application No. 2367 of 2018.

(2.) The background of fact which has given rise to this Letters Patent Appeal is that the original petitioners i.e. respondents nos. 1 and 2 herein had filed a petition before this Court for challenging the order dated 12.01.2018 passed by the learned Collector, District Magistrate in Appeal No. 4 of 2016, whereby by confirming the order passed by the Deputy Collector, and Sub?Divisional Magistrate under the proceedings of Maintenance of Senior Citizen Act, Case No. 1 of 2015, whereby the petitioners have been ordered to hand over the peaceful and vacant possession of the property in question which is Bungalow No. 1, Surat House, Vaghwadi Road, Bhavnagar.

(3.) Today, surprisingly, when the matter is taken up for hearing, first of all, learned advocate in the first round did not remain present and later on, when the matter is called out again, it was reported to pass appropriate orders as having no further instructions and as against this, learned advocate Ms. Kruti Shah appearing for the appellant has clearly submitted before us that the premises have not been vacated, on the contrary, conveyed that it may not be vacated. Resultantly, we find a clear adamant approach of respondent Nos.1 and 2, which has led us to take a strict view in the matter.