NEUTRAL CITATION
C/SA/530/2023 ORDER DATED: 01/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 530 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/SECOND APPEAL NO. 530 of 2023
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MAHESH SHANTILAL GALORIYA
Versus
MEHMOOD BABUBHAI SAVANI
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Appearance:
JAIVIK UDAY BHATT(7319) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/11/2023
ORAL ORDER
1. By way of this appeal, the appellant has challenged the judgment and order 7.7.2023 passed by the learned Principal District Judge, Jamnagar in Regular Civil Appeal no.17 of 2021 as well as the judgment and order dated 5.1.2021 passed by the learned 5th Additional Senior Civil Judge, Jamnagar in Regular Civil Suit no.209 of 2018.
2. Mr. Bhatt, learned advocate for the appellant submits that he had conveyed order dated Page 1 of 4 Downloaded on : Wed Nov 01 20:49:42 IST 2023 NEUTRAL CITATION C/SA/530/2023 ORDER DATED: 01/11/2023 undefined 26.10.2023 of this Court to the appellant but has no specific instructions.
3. The plaintiffs-landlord of the premises have filed the suit on the ground that the defendant is the illegal user and occupant and that the suit premises was given to the defendant for the limited period of 4 to 6 months till the defendant makes alternative arrangement. It was stated that the premises was given on the recommendation of his brother who had barber shop in Gulabnagar area and the monthly maintenance charge was fixed at Rs.3,000/-. When the plaintiffs asked the defendant to vacate the suit premises, instead of vacating the suit premises, the defendant had filed Regular Civil Suit no.149 of 2017 for declaration and permanent injunction with regard to the suit premises. The said suit was dismissed by the Court vide judgment and decree dated 2.4.2018. Since the defendant had not vacated the suit premises even after the Page 2 of 4 Downloaded on : Wed Nov 01 20:49:42 IST 2023 NEUTRAL CITATION C/SA/530/2023 ORDER DATED: 01/11/2023 undefined judgment and decree, the plaintiffs-landlord were compelled to file Regular Civil Suit no.209 of 2018 with the prayer for possession together with mesne profit and other ancillary reliefs.
4. The suit filed by the plaintiffs - landlord being Regular Civil Suit no.209/2018 came to be allowed. Aggrieved by the same, the defendant had filed Regular Civil Appeal no.17 of 2021, which came to be dismissed and hence, this Second Appeal is moved.
5. It is required to be observed that though the present appellant had lost in Regular Civil Suit no.149/2017, he had not handed over the vacant possession of the suit premises and therefore, the landlord had to move the Court by filing Regular Civil Suit no.209 of 2018 making a prayer for the possession and mesne profit. The suit has been allowed which has been reaffirmed in the appeal. It appears that Page 3 of 4 Downloaded on : Wed Nov 01 20:49:42 IST 2023 NEUTRAL CITATION C/SA/530/2023 ORDER DATED: 01/11/2023 undefined inspite of the orders, the present appellant is not intending to hand over the possession though the judgment and order in Regular Civil Suit no.149 of 2017 was declared on 2.4.2018. The prayer of the landlord on vacant possession has been allowed by the learned Trial Court and the said judgment and decree has been confirmed in the appeal.
6. This Court does not find any reason to entertain the present appeal and hence, the appeal stands rejected. Since the appeal is rejected, Civil Application does not survive and is disposed of accordingly.
(GITA GOPI,J) Maulik Page 4 of 4 Downloaded on : Wed Nov 01 20:49:42 IST 2023