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2016 DIGILAW 393 (GUJ)

Karshanbhai Khimabhai Pithiya v. Jeramgiri Nanakgiri

2016-02-18

ABHILASHA KUMARI

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JUDGMENT ABHILASHA KUMARI, J. Rule. Mr. Apurva Jani, learned advocate for Mr. Ashish M. Dagli, learned advocate for respondents Nos. 1 to 3, waives service of notice of Rule for respondents Nos. 1 to 3. Ms. V.S Pathak, learned Assistant Government Pleader, waives service of notice of Rule, for respondent No. 4. Mr. C.G Sharma, learned advocate, waives service of notice of Rule, for respondent No. 6. 2. This application has been preferred by the applicants (original-respondents Nos. 4 to 6), with the following prayers: “22. (A) The Hon'ble Court may be pleased to pass an appropriate order modifying/vacating it's earlier order dated 30.01.2008 read with order dated 12.05.2008 passed in Special Civil Application No. 1174 of 2008 by this Hon'ble Court (Coram: Hon'ble Smt. Justice Abhilasha Kumari) qua the said land i.e agricultural land bearing Block/Survey No. 22.P4.P2 admeasuring 11331 sq.mtrs Equal to approximately Acre 2.32 Gunthas of Moje Bhavnath, Taluka and District Junagadh sold by the petitioner nos. 2 and 3 by registered sale deed no. 5639 dated 22.10.2 003 and by the respondent no. 3 by registered sale deed no. 577 dated 02.11.2012 to the present applicants to the effect that the said land shall be exempted and excluded from the operation of the said orders dated 30.01.2008 and 12.05.2008 and directing the revenue authorities to record the names of the applicants in the revenue record. (B) any other and further relief as may be deemed just and expedient may be granted.” 3. Mr. Dhaval M. Barot, learned advocate for the applicants, submits that the agricultural land bearing Block/Survey No. 22.P4.P2 admeasuring 11331 sq.mtrs equal to approximately Acre 2.32 Gunthas of Moje Bhavnath, Taluka and District Junagadh, was sold to the applicants by the original petitioners Nos. 2 and 3, who are arrayed as respondents Nos. 2 and 3 in the present application. Two different Sale Deeds have been executed by the concerned respondents, in respect of the land in question. It is submitted that as the sale of the land in question to the applicants is not disputed by respondents Nos. 1, 2, 3 and 6, the order of this Court granting an interim stay dated 12.05.2008, passed in the main petition be modified, so as to exclude the above-mentioned land from the operation of the said order. 4. Mr. Apurva Jani, learned advocate for Mr. Ashish M. Dagli, learned advocate for respondents Nos. 1, 2, 3 and 6, the order of this Court granting an interim stay dated 12.05.2008, passed in the main petition be modified, so as to exclude the above-mentioned land from the operation of the said order. 4. Mr. Apurva Jani, learned advocate for Mr. Ashish M. Dagli, learned advocate for respondents Nos. 1, 2 and 3, and Mr. C.G Sharma, learned advocate for respondent No. 6 have submitted that, as the sale of the land in question to the applicants is not disputed by their respective clients, the interim order dated 12.05.2008, passed by this Court in the main petition, can be modified, subject to the rights and contentions of respondents Nos. 1 to 3 and 6. 5. Ms. V.S Pathak, learned Assistant Government Pleader for respondents Nos. 4 and 5, has no objection to the modification of the above order. 6. Taking into consideration the above statements made by learned counsel for the respective parties, the following order is passed: The order dated 12.05.2008, passed by this Court in special Civil Application No. 1174 of 2008, is modified to the extent, that it would not cover the agricultural land bearing Block/Survey No. 22.P4.P2 admeasuring 11331 sq.mtrs equal to approximately Acre 2.32 Gunthas of Moje Bhavnath, Taluka and District Junagadh. However, it is made clear that all legal rights and contentions available to respondents Nos. 1 to 3 and 6, shall remain open. 7. The application is allowed the above terms. Rule is made absolute, accordingly. A copy of this order be placed in the main petition, as well. Direct service of this order is permitted.