Heard the learned advocates.
The petitioner lady claims; in her capacity of niece, the right in respect of the suit property by preferring Regular Civil Suit No. 145 of 2009 before the learned Principal Senior Civil Judge, Rajpipla, whereby injunction was denied and aggrieved by that Misc. Civil Appeal No. 55 of 2010 was preferred before the learned Principal District Judge, Narmada which came to be rejected on 24th June 2011. Dissatisfied with such an order, this writ petition is preferred under Article 227 of the Constitution of India.
The only thrust is on the revenue entry, which was on a later date, got cancelled. However, further challenge to such cancellation is yet to be adjudicated upon. On inquiry from the learned advocate in respect of independent documents to substantiate her right qua the suit property, nothing comes forth. On the contrary, the registered sale deed favouring the respondent is under challenge, where his possession is admitted as well. The petitioner seeks injunction against further construction by the respondent. On her having failed to establish her prima facie case and both the Courts consecutively having found overwhelming evidence to sustain the say of the respondent, this petition requires no entertainment as neither any error, nor patent illegality appears to have been committed by the Courts below warranting exercise of supervisory jurisdiction. In the result, this petition fails and the same stands dismissed in limine.
{Ms.
Sonia Gokani, J.} Prakash* Top