Niruben Somabhai Patel vs Collector Rajpipla Narmada
2023 Latest Caselaw 4941 Guj

     C/SCA/14997/2016                                    ORDER DATED: 27/06/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 14997 of 2016
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 15345 of 2016
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                  NIRUBEN SOMABHAI PATEL & 1 other(s)
                               Versus
                COLLECTOR RAJPIPLA NARMADA & 4 other(s)
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Appearance:
DECEASED LITIGANT for the Petitioner(s) No. 2
MR HARSH N PAREKH(6951) for the Petitioner(s) No. 1,2.1,2.2
PRIYAL M PARIKH(7593) for the Petitioner(s) No. 1,2.1,2.2
MR BHUNESH C RUPERA(3896) for the Respondent(s) No. 2,4,5
MR PRANAV DHAGAT, AGP for the Respondent(s) No.
NOTICE SERVED for the Respondent(s) No. 1
UNSERVED EXPIRED (N) for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                         Date : 27/06/2023

                            ORAL ORDER

1. Learned advocate Ms.Priyal Parikh for the petitioners, at the outset, submitted that for the subject land Regular Civil Suit No.40 of 2010 was filed in the court of learned Principal Senior Civil Judge, Rajpipla by the petitioners at the relevant time. She further pointed out that therefore, learned Special Secretary, Revenue Department (Appeals), Ahmedabad, while rejecting Revision preferred by the petitioners, observed that result of the civil suit would operate and would be binding amongst the parties.

2. Learned advocate for the petitioners has further submitted that the said Regular Civil Suit No.40 of 2010 came to be dismissed by learned 2nd Additional Civil Judge & JMFC, Rajpipla at Narmada vide judgment and decree dated 05 th July, 2022. She further submitted that against the same,

C/SCA/14997/2016 ORDER DATED: 27/06/2023

Regular Civil Appeal is pending.

3. In view of the aforesaid, learned advocate for the petitioners, at this stage, does not press these petitions on merits with a request to clarify that outcome of the Regular Civil Appeal would govern the field of revenue records.

4. In view of the aforesaid, the petitions are disposed of without entering into the merits of the case, however with a clarification that outcome of the Regular Civil Appeal pending against the judgment and decree dated 05 th July, 2022 passed in Regular Civil Suit No.40 of 2010 would govern the field of revenue records.

Notice in both the petitions stand discharged.

(NIRAL R. MEHTA,J) ANUP