1. It appears from the record of the petition that Entry No. 357 was mutated in the year 1987 and confirmed in 1989 and the proceedings under the Fragmentation Act were initiated in the year 1998 on the basis of the order dated 18.1.1994 passed by Deputy Collector in RTS proceedings. Mr. Chinmay Gandhi submitted that even otherwise the proceedings are barred by limitation. Hence, the matter requires consideration.
2. Rule.
Mr. Nikhil Kariel waives for respondent no.1 and Ms. Nisha Thakore, learned Assistant Government Pleader waives for respondent nos. 2 and
3.
3. Heard Mr. Gandhi for the petitioner and Mr. Nikhil Karies for respondent No.1 and Ms. Nisha Thakore for respondent nos. 2 and 3. As such this Court while issuing notice granted ad-interim relief by order dated 17.1.2012 in terms of paragraph 11(b) of the petition and the same is continued till date. Mr. Nikhil Kariel pointed out that on the basis of the Affidavit-in-Reply filed by respondent no.1 that Civil Suit being Civil Suit No. 180 of 1995 has been filed in the Court of Civil Judge (JD) Petlad by respondent no.1 and the same is pending for its adjudication. It is further averred in the Affidavit-in-Reply that by order dated 29.4.2998 the Court of Civil Judge (JD) Petlad had granted interim injunction against which the appeal had been preferred but no order is passed. As far as prayer 11(b) is concerned, it is only limited to execution, operation and implementation of the impugned order dated 21.10.2011 passed by Addl.Secretary, in Revision Application No. MVV/CON/Anand/3/1999 whereby the order passed by the Deputy Collector (Annexures 'A' & 'B' to the petition) under Sections 7 & 8 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 dated 22.3.1999 are stayed. As far as the proceedings before the Civil Court is concerned, it is made clear that same pertains to possession.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top