Rauff @ Aslambhai Razakbhai Bachau v. Abdul Rauff Razak Aahamad Tumbi
2017-09-14
R.M.CHHAYA
body2017
DigiLaw.ai
ORDER : R.M CHHAYA, J. 1. Heard Mr. JT Trivedi, learned advocate with Mr. B.J Trivedi, learned advocate for the applicants and Mr. PP Majmudar, learned advocate for the respondents. 2. It deserves to be noted at the outset that the respondents herein are the original petitions of the writ petition. By the said writ petition, the original petitioners have challenged the order dated 2 0.07.2015 passed by the learned 5th Additional District Judge, Rajkot below Exhibit 11 in Civil Misc. Appeal No. 5 of 2015. 3. It is no doubt true as rightly pointed out by Mr. Trivedi that this Court has jurisdiction to look into the grievance which is raised in this Civil Application. However, in facts and circumstances of this case, as the controversy is to the effect that even inspite of a specific direction given to the opponents herein not to proceed further with the construction, the photographs which are annexed by the applicants show that there is some change in the situation. It also deserves to be noted that in the main writ petition, this Court has passed the following order on 03.09.2015— “Rule for final disposal, returnable on 30.09.2015 Interim relief in terms of paragraph 15(B) is granted till then. However, it is made clear that the petitioners shall not proceed further with the construction till the next date of hearing. Both the parties are at liberty to file compilation of relevant documents from the record of the trial Court as well as the appellate Court, including the permission, if any, granted by the landlord or the local authority for the construction under dispute.” 4. The said order shall remain in force. However, the original petitioners shall not proceed further with the construction in the meanwhile, which would included no further change in the situation. The appeal is pending at large before the District Court and therefore, it is open for the applicants to approach the first appellate court. Pendency of this petition shall not be construed any stay of the proceedings of the said appeal or any application preferred by the applicants. It goes without saying that it would be open for all the parties to take all available contentions.
Pendency of this petition shall not be construed any stay of the proceedings of the said appeal or any application preferred by the applicants. It goes without saying that it would be open for all the parties to take all available contentions. If any application is filed by the present applicants in the appeal, the first appellate court is directed to decide the same within a period of four weeks from the date of filing of such application. The application stands disposed of. D.S permitted. 5. Main matter be listed on 13.11.2017.