Mahesh Shantilal Galoriya vs Mehmood Babubhai Savani
2023 Latest Caselaw 8002 Guj

                                                                                             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

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C/SA/530/2023 ORDER DATED: 01/11/2023

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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

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C/SA/530/2023 ORDER DATED: 01/11/2023

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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

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C/SA/530/2023 ORDER DATED: 01/11/2023

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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