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Virendrabhai vs Shardaben

High Court Of Gujarat|21 June, 2012
1. The present application has been preferred by the applicant-tenant for the following reliefs;
(A) This Hon'ble Court be pleased to admit and allow this application;
(B) This Hon'ble Court be pleased to direct the opponents herein to remove the construction which is constructed by the opponents in violation of the order passed by the Court below and in violation of the status-quo order the construction is carried out by the opponents unauthorisedly;
(C) This Hon'ble Court be pleased to direct the opponents to put the property in question in position which was there while granting status-quo order passed by the Court below;
(D) This Hon'ble Court be pleased to grant any other and further relief/s as may be deemed fit in the facts and circumstances of the case.
2. Having heard the learned advocates appearing on behalf of the respective parties and considering the fact that there is serious dispute whether the 'otla' upon which the construction is made was rented or not and as the construction is already put up on the 'otla' and the water tank, no relief is granted in the present application at this stage directing the respondents to remove the construction, which is already put up. However, it is observed that the construction on the 'otla'/water tank will be subject to the ultimate outcome of the Civil Revision Application and if ultimately it is found that the 'otla'/water tank on which the construction is made was rented, appropriate order shall be passed at the time of final hearing of the Civil Revision Application.
3. So far as the grievance made by Shri Brahmbhatt, learned advocate appearing on behalf of the applicant-tenant that the respondents are also trying to put up construction on the margin land is concerned, Shri Sudhashu Patel, learned advocate appearing on behalf of the respondents has stated at the bar, under instructions from the respondents, that no construction and/or change shall be made in the margin land and the status-quo shall be maintained. In view of the above, respondents are directed to act as stated hereinabove.
3. With this, the present application is disposed of.
(M.R.
SHAH, J.) siji Top
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Title

Virendrabhai vs Shardaben

Court

High Court Of Gujarat

JudgementDate
21 June, 2012