ADMINISTRATOR OF PROPERTY OF DECEASED ABUBHAI ABDULBHAI SALIMBIN BASHIRBHAI HADI Vs. MUSANNBHAI RAHIMBHAI BHANDERI

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India is filed for the purpose of seeking quashment of order dated 20 th April, 2018 passed by the learned 4th Additional District Judge, Bhavnagar at Mahuva below Application Exh.11 in M.C.A. No.3 of 2018.

(2.) It is the case of the petitioner that the petitioner is residing in the suit property which was registered in the name of his grandfather viz. Abdulbhai Abdulbhai. That, after demise of his grandfather, the petitioner has all throughout maintained the suit property and administered the same. It is further the case of the petitioner that the respondents No.4 and 5 had purchased the property on the opposite side, after leaving 10 to 12 ft. road, they are now raising commercial construction in the name of R K Plaza by demolishing the old house, without seeking any legal sanction, as required under the law.

(3.) It is the case of the petitioner that on account of such illegal construction having been made, the petitioner tried to restrain the respondents by issuing legal notices, however, when such attempt failed to bring result, the petitioner filed a Suit for declaration and permanent injunction for before the Additional Civil Judge, Mahuva, being Regular Civil Suit No.366 of 2017 with an application for interim injunction under Order 39 Rule 1 and 2, read with Section 151 of the Code of Civil Procedure, 1908.