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Surajba W vs Pathuba W-O. Mansang Sardarsang

High Court Of Gujarat|26 September, 2013
This petition under Article 226 of the Constitution of India is filed with following prayers:
10(B) That the Hon'ble Court may be pleased to allow this Special Civil Application by issuing an appropriate writ order or direction quashing and setting aside the impugned judgement and order passed by the respondent No.6 on dated 4.10.2012 in case No. MVV/HKP/Bhach/7/2010 and also the judgement and order passed by the learned Dy. Collector on dated 23.9.2008 in appeal case No. HKP/Appeal/33/2008 in the interest of justice.
(C) Pending admission hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the impugned judgement and orders passed by the respondent No. 6 on dated 4.10.2012 in case No. MVV/HKP/Bhach/7/2010 and the judgement and order passed by the learned Dy. Collector on dated 23.9.2008 in appeal case No. HKP/Appeal/33/2008 in the interest of justice.
No interference is called for to exercise powers under Article 226 of the Constitution of India, keeping it open for the revenue authority to mention and record pendency of Regular Civil Suit No. 31/2008 and any order if any passed by the Civil Court also be reflected in the revenue record and entries in question will be subject to outcome of the above suit. No other challenge to the order passed by the revisional authority is tenable whereby all aspects have been taken care including that of legality and validity of subject 'Will' under challenge before the Civil Court.
The petition is disposed of.
(ANANT S.DAVE, J.) SMITA Page 2 of 2
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