Bhaveshbhai Nareshchandra Amin vs Dilipbhai Bhaktiprasad Doshi
2023 Latest Caselaw 3214 Guj

    C/SCA/5987/2019                                     ORDER DATED: 24/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 5987 of 2019

==========================================================
                  BHAVESHBHAI NARESHCHANDRA AMIN
                                Versus
                    DILIPBHAI BHAKTIPRASAD DOSHI
==========================================================
Appearance:
MR TATTVAM K PATEL(5455) for the Petitioner(s) No. 1
MR AS VAKIL(962) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
==========================================================

 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                           Date : 24/04/2023

                               ORAL ORDER

1. By this petition under Article 227 of the Constitution of India the petitioner has challenged the order dated 08.10.2018 passed by the Collector, Vadodara in RTS remand Application No.307 of 2017 confirming the order passed by the Deputy Collector and the Mamlatdar certifying the Entry no.1216.

2. The land bearing old survey no.60, block no.51 of Village Khanpur, Taluka and District Vadodara, admeasuring 6677 square meters originally belonged to one Mansukhlal Gangaram Mehta.

3. Mansukhlal Gangaram Mehta sold the said land to the respondent no.1-Dilipbhai Bhaktiprasad Doshi

C/SCA/5987/2019 ORDER DATED: 24/04/2023

by a registered sale deed dated 06.06.1989. The respondent no.1 executed a Power of Attorney on 11.01.2006 in favour of the respondent no.2- Ravishankar Bhanvarlal Sharma assigning all the powers including power of execution of sale deed qua land in question.

4. The Entry no.1216 was mutated in the Revenue Record on the basis of the sale deed dated 06.05.2009 executed by the Power of Attorney holder.

5. The respondent no.1 filed a Special Civil Suit NO.507 of 2009 challenging the sale deed purportedly to be executed by the Power of Attorney holder i.e. the respondent no.2.

6. By the judgment and decree dated 01.04.2023, the Special Civil Suit No.507 of 2009 is decreed in favour of the respondent no.1. The respondent no.1 has filed second additional affidavit affirmed on 19.04.2023 to place on record the aforesaid judgment and order dated 01.04.2023 in Special Civil Suit No.507 of 2009 passed by the 6th Additional Senior Civil Judge, Vadodara.

7. Learned advocate Mr.A.S.Vakil for the respondent no.1 submitted that in view of the judgment and order passed by the Civil Court Entry no.1216 would not survive and is therefore liable to be

C/SCA/5987/2019 ORDER DATED: 24/04/2023

cancelled.

8. On the other hand learned advocate Ms.Trusha Patel appearing for the petitioner submitted that the petitioner is in process of challenging the judgment and order dated 01.04.2023 passed by the Trial Court in Special Civil Suit No.507 of 2009 and it was therefore submitted that let the entry continue till the final outcome of such proceedings.

9. Having considered the submissions made by both the sides, the revenue authorities are supposed to give the effect of the judgment and order dated 01.04.2023 passed by the Civil Court in Special Civil Suit No.507 of 2009 whereby a sale deed dated 06.05.2009 is ordered to be cancelled. Therefore the Entry no.1216 would automatically become infructuous when the effect of the judgment and order dated 01.04.2023 would be given in the revenue record. In such circumstances, no further orders are required to be passed in this petition. Interim relief stand vacated. Notice is discharged.

(BHARGAV D. KARIA, J) URIL RANA