GUNVANTRAI MULJIBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) This is a writ petition which clearly exhibits how people of this State are litigation minded. This is a case wherefrom it is clearly borne out that the litigants in the State do not like to see that any order of judicial Court or revenue Court or administrative authorities remain unchallenged. The litigation of this nature which is coming up in the Courts is suggestive of the fact that the litigants are not properly advised. It is not as if every adverse order passed by the Courts below or authorities may have effect or result in causing prejudice to the party if it is not challenged. The purpose and object of holding legal literacy camps may also be to see that this class of litigants are made known and understand that every order of the Courts or authorities needs not be challenged.

(3.) This litigation arise out of transactions, i.e. agreement to sell in respect of the disputed land executed between the petitioner on one hand and the respondents No. 6 and 7 on the other. As usual, the dispute has arisen between the parties aforesaid which gave rise to filing of suit by petitioner being Special Civil Suit No. 72 of 1986 before the Civil Judge (S.D.), Junagadh, for specific performance of agreement to sell. That suit is pending. It appears that the owner of the land, on 22nd April, 1988, executed a sale-deed of the land in favour of respondents No. 3 to 5. On the application of the petitioner in the Civil Suit, those three persons were impleaded as defendants. In the suit, temporary injunction has also been granted to maintain status-quo in respect of the suit property .