Gujarat High Court
R R Varma Huf And R R Varma And ... vs Legal Heirs Of Decd. Bashir Munir ... on 17 March, 2023
Bench: Sandeep N. Bhatt
C/SCA/7454/2022 ORDER DATED: 17/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7454 of 2022
==========================================================
R R VARMA HUF AND R R VARMA AND COMPANY HUF
Versus
LEGAL HEIRS OF DECD. BASHIR MUNIR LEGAL HEIRS OF DECD. ZAHIR
MUNIR FARZANA MUNIR
==========================================================
Appearance:
NISARG H VYAS(9431) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 17/03/2023
ORAL ORDER
1. Heard Mr. Nisarg Vyas, learned advocate appearing for
the petitioner.
2. Present Special Civil Application is filed being aggrieved
by the judgment and order dated 13.05.2015 passed below
application Exh.6 in H.R.P. Suit No.34 of 2015 by the Small
Cause Court, Amedabad, which was confirmed by the learned
Appellate Court, Small Cause Court, Amedabad, vide order
dated 07.03.2020 in Appeal from Order No.21 of 2015.
3. Present application is filed on 13.04.2022, which was
C/SCA/7454/2022 ORDER DATED: 17/03/2023
listed for hearing for the first time on 24.06.2022. Thereafter,
several adjournments were granted in the matter, but till
date, no notice is issued.
4. The facts of the present case are that - the petitioner
herein - original plaintiff is a tenant of the property bearing
No.0222 of Potaliya Ward bearing T.P. Scheme No.12, Final
Plot No.225 and bearing Municipal Tenement No.0222-15-
0031-0005-H at monthly rent of Rs.50 and the respondent
herein is a owner of the said property. It is the case of the
petitioner that the petitioner has been tenant of the aforesaid
property since last more than 60 years and the petitioner has
been regularly paying the monthly rent and has not been in
arrears thereof at any time. That the forefather of the
petitioner had taken the aforesaid property on rent for the
purpose of their business. It is the case of the petitioner that
the petitioner has regularly paid rent upto 31.12.2014 to the
respondent and petitioner was never in arrears of rent. He has
further submitted that the dispute about the standard rent
between them is still pending. Under the circumstances, the
respondent with some ulterior motive tried to dispossess the
C/SCA/7454/2022 ORDER DATED: 17/03/2023
petitioner from the property in question and therefore, the
petitioner has filed H.R.P. suit No.34 of 2015 before the Small
Cause Court, Ahmedabad praying for a declaration and for
permanently restraining the respondent - owner from illegally
dispossessing the petitioner from the suit property, where the
petitioner has filed injunction application Exh.6 seeking
temporary injunction against the eviction. The learned Small
Cause Court, after considering the case of the petitioner, has
rejected the Application below Exh.6 vide order dated
13.05.2015.
5. Being aggrieved by the same, the petitioner has
preferred Appeal from Order No.21 of 2015 before the
Appellate Bench of the Small Cause Court, Ahmedabad, which
is also dismissed by order dated 07.03.2020.
6. Considering the facts of the present case and
considering the findings given by both the Court below, this
Court is not inclined to exercise its power under Article 227 of
the Constitution of India. However, considering the fact that
no injunction is granted since 2015 and impugned order
C/SCA/7454/2022 ORDER DATED: 17/03/2023
passed by the learned Appellate Court in the year 2020, it is
appropriate to direct the learned trial Court to expedite the
proceedings of the suit as expeditiously as possible, preferably
before 30.04.2023 after giving opportunity to both the parties
to lead the evidence. It is expected that the parties shall
cooperate in the proceedings.
7. With the above, present petition stands disposed of.
Notice discharged.
(SANDEEP N. BHATT,J)
A. B. VAGHELA
