(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Heard learned senior advocate, Mr.Percy Kavina with Mr.Viral K.Shah for the appellants, original petitioners.
Learned senior advocate invited the attention of the Court to Provisions of Section 5, Sub-Section (3), Clause (b) of Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991.
Learned senior advocate also invited the attention of the Court to averment made in an application filed for ad-interim injunction in Civil Suit No.485 of 2011 which is filed by present respondent No.4 who is real brother of the present appellant No.1 petitioner No.1. Para-5 reads as under:
5. That the suit property consist of Ground Floor, 1st Floor and second floor. That by mutual consent of parties at present, 1st floor is in possession of plaintiff, second floor is in possession of defendant No.1 and ground floor is in joint possession of plaintiff and defendants . (Emphasis supplied) Learned senior advocate then invited the attention of the Court to order passed by Chamber Court No.16, City Civil Court, Ahmedabad on this application. The operative part which reads as under:
The plaintiff's notice of motion is hereby partly allowed and defendants are hereby ordered that the plaintiff's possession of the suit property as joint owner shall not be taken away without following due procedure of law till the final disposal of the suit..... (Emphasis supplied)
5. The matter requires consideration. Hence, ADMIT.
(RAVI R.TRIPATHI, J.) (MOHINDER PAL, J.) ashish Page 3 of 3