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Ismailbhai vs State

High Court Of Gujarat|18 November, 2010


1. This petition under Article 226 and 227 of the Constitution of India is filed by the petitioners/original defendant Nos. 2 and 3 challenging the order dated 31.1.2009 passed by the appellate Court in Civil Miscellaneous Appeal No.89 of 2008, by which, the order dated 16.5.2008 below Exh.5 in Regular Civil Suit No.332 of 2007 came to be confirmed.
2. This writ petition is against concurrent findings of the facts as appreciated by the courts below in favour of the plaintiffs about possession of the land. Not only that but when notice was issued by this Court on 4.3.2009, the petitioners herein/original defendant Nos. 2 and 3 were directed not to alienate, transfer or otherwise create any encumbrance of the property in question causing themselves as the owner of the property and statement was also recorded by the counsel appearing on caveat.
3. Considering the facts and circumstances of the case, now the trial court shall proceed further with Regular Civil Suit and till then parties are directed to maintain status-quo as on today till final disposal of the suit.
4. It is expected that the trial court to decide the suit within 12 months from today.
5. With the aforesaid, this petition is disposed of. Notice discharged.
[ANANT S. DAVE, J.] //smita// Top
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Ismailbhai vs State


High Court Of Gujarat

18 November, 2010