Considering the contentious issues arising in this petition and due to ensuing Summer Vacation, as the hearing of this matter could not be completed yesterday on 10th May, 2012, this Court deemed fit to pass an order in respect of heirship certificate along with grant of request of sending back the record and proceedings of Civil Misc. Application No.565 of 2008 (New No.103 of 2011). Since the respondents made a request to hear them once again as party-in-persons, retiring their advocate Mr.Jal Soli Unwala from the matter today, Mr. Vijay Vadaliya made submissions for and on behalf of all the respondents ensuring this Court to produce power of attorney of all the respondents on record.
Learned advocate Mr. Hriday Buch has been heard for and on behalf of learned advocate Mr. Anshin H. Desai, appearing for the petitioner.
Party-in-person has also sought to rely upon the decision of the Supreme Court rendered in case of M. Gurudas vs. Rasranjan, reported in 2006 (8) SCC 367 and urged not to grant any order whereby, the construction over the suit land may put to a halt. He showed his willingness to set apart 1/5th share of present petitioner.
On having considered at prima facie stage, various issues in question as also the specific allegation in respect of interpolation in the documents presented before the trial Court and issuance of heirship certificate granted vide order dated 3rd November, 2007 in Civil Misc. Application No.1143 of 2007 on the basis thereof, in the opinion of this Court, it would be in the fitness of things to direct the respondents not to transfer or alienate in any mode or manner the immovable property mentioned in the heir-ship certificate till the next date of hearing, which is peremptorily fixed ie., 20.6.2012.
Record and proceedings of Civil Misc. Application No.565 of 2008, which were directed to be called for, shall be sent back to the trial Court so as to reach the trial Court within one week from this order. Pendency of this petition may not preclude the trial Court from proceedings with Civil Misc. Application No.103 of 2011.
Pages No.8, 11, 97 and 98 as well as colour copy of page No.67 (Mark 5/4) of Misc. Civil Application No. 1143 of 2007 shall be placed on the record of Special Civil Application No.14962 of 2011.
(Ms.
Sonia Gokani, J.) Bharat* Top