SUO-MOTU Vs. VALLABHKUMAR NANJIBHAI KAKADIYA

JUDGEMENT

(1.) Pursuant to order dated 21.10.2019, Dr. Vallabhkumar Nanjibhai Kakadiya represented through his counsel Shri Indravadan Parmar is present and has produced Demand Draft of Rs.5.00 Lakhs dated 14.11.2019 drawn on Axis Bank in favour of Smt. Parulben Vallabhkumar Kakadiya, the same be retained in safe custody of the Registrar General awaiting further orders that may be passed by this Court.

(2.) Further, Ms. Aishwarya Gupta, learned Assistant Government Pleader has submitted report dated 18.11.2019, which is duly signed by the City Survey Superintendent and City Mamlatdar, Bhavnagar. She has further placed a map of the Clinic on the 1st floor according to which, there are properties bearing property Nos. N/1, N/2, N/3, N/4 and N/5. Property No. N/4 is shown in the shrouded line. According to this report, this portion of property No. N/4 is locked and order of decree of the concerned court is pasted on it. Further, notice of the Municipal Corporation, Bhavnagar with regard to tax due and payable is also pasted on it. She further states that because of this reason, measurements could not be made of the said area. Insofar as Property Nos. N/1, N/2, N/3 and N/5 are concerned, they are in possession of different persons.

(3.) The husband Dr. Vallabhkumar Nanjibhai Kakadiya informs the Court that Property No.N/1 never belonged to him. Further, property Nos. N/2, N/3 and N/5 were sold by him by way of registered sale deeds sometime in 2010-11. He further states that he is offering only property No.4 to be transferred in favour of his wife Parulben Vallabhkumar Kakadiya as per the conditions recorded by this Court in the order dated 21.10.2019. Affidavit filed today by the husband also contains such averments.