[Cites 1, Cited by 0]

Gujarat High Court

Lh Of Decd Kaya Raja Harijan vs The State Of Gujarat on 1 December, 2025

Author: Vaibhavi D. Nanavati

Bench: Vaibhavi D. Nanavati

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                             C/SCA/2516/2025                                 ORDER DATED: 01/12/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                 R/SPECIAL CIVIL APPLICATION NO. 2516 of 2025

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                                           LH OF DECD KAYA RAJA HARIJAN & ANR.
                                                          Versus
                                               THE STATE OF GUJARAT & ORS.
                      =============================================
                      Appearance:
                      MR MEET M KATIRA(10504) for the Petitioner(s) No. 1,1.1
                      PARTH J BRAHMBHATT(9373) for the Petitioner(s) No. 1,1.1
                      MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3
                      =============================================

                         CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                                         Date : 01/12/2025

                                                           ORAL ORDER

1. Rule returnable forthwith. Mr. Jayneel Parikh, learned AGP

waives service of notice of rule for and on behalf of the

respondents.

2. Heard Mr. S.P. Majmudar, learned advocate with Mr. Parth

J. Brahmbhatt, learned advocate appearing for the petitioner

and Mr. Jayneel Parikh, learned AGP appearing for the

respondents.

3. The petitioner herein is constrained to approach this

Court invoking Article 226 of the Constitution of India in light of

the fact that the respondent No.2 is not giving effect to the

decree and judgment dated 10.10.2012 passed by the

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Principal Civil Judge, Bhuj-Kutch in Regular Civil Suit No.384 of

2009 and not implementing orders passed by the Assistant

Collector, Bhuj, dated 13.05.2022 and 23.03.2023 wherein, it is

stated that the effect of the decree be given subject to the

final outcome of the Second Appeal, which is pending before

the High Court. In the communication dated 23.03.2023, it is

stated that the petitioner's application is partly allowed with a

direction to mutate the petitioner's name in the second right.

4. Mr. S.P. Majmudar, learned advocate appearing for the

petitioner submitted that none of the aforesaid orders are

given effect to by the respondent authority. It is submitted that

it is not in dispute that there is decree in favour of the

petitioner herein, which is subject matter of challenge by way

of Second Appeal by the respondent - State however, there is

no interim order passed in the said Second Appeal.

5. Mr. Jayneel Parikh, learned AGP appearing for the

respondents submits that the parties be directed to maintain

status quo qua the land-in-question in light of the fact that the

respondent - State has challenged the judgment and decree

by way of Regular Civil Appeal No.34 of 2012 which was

dismissed by order dated 14.10.2020. It is submitted that the

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said order is subject matter of challenge by filing Second

Appeal. It is submitted that in view of pendency of Second

Appeal, such direction of effect of the entries may not be

issued.

6. Having heard the learned advocate and learned AGP

appearing for the respective parties, it is not in dispute that

the petitioner herein has succeeded before the learned Civil

Court in Regular Civil Suit No.384 of 2009 wherein, by the

judgment and decree dated 10.10.2012, the suit is decreed in

favour of the petitioner, which was taken in appeal by the

respondents by way of Regular Civil Appeal No.34 of 2012

which also, came to be dismissed by the learned 10 th

Additional District Judge, Kutch at Bhuj, by order dated

14.10.2020. The said order dated 14.10.2020 is challenged by

way of Second Appeal No.354 of 2023, which is pending before

the High Court.

7. This Court deems it fit to refer to the order passed by the

Hon'ble Division Bench in Letters Patent Appeal No.203 of

2023 wherein, in an identical facts, the Hon'ble Division Bench

directed that the entry be mutated in favour of the decree

holder which would be subject to the disposal of the pending

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Second Appeal. The said order reads thus:

"1. Having heard the learned counsels for the parties and perused the record, we may note that the writ petition has been filed seeking to challenge the order passed by the revenue authorities for allowing Entry No.379 registered in the revenue records in the name of the private respondents herein. It has been brought on record that a civil suit namely, Regular Civil Suit No.65 of 2006 was filed by the respondents before the competent Civil Court. The said suit was initially dismissed vide judgment and order dated 23.11.2011 passed by the competent Civil Court. However, on an appeal filed against the judgment and decree of dismissal of the original suit, in an appeal namely, Regular Civil Appeal No.1 of 2012, the civil suit has been decreed in the following manner:-

-: O R D E R :-

"1. Present Appeal is partly allowed.

2. Judgment and decree passed by Principal Civil Judge, Harij in R.C.S.No.65/2006 dated 23/11/2011 dismissing the suit is hereby quashed and set aside. Consequently suit of the plaintiff is partly allowed.

3. It is hereby declared that plaintiff is an owner and occupier of the agricultural land of Survey No.588 ad-measuring 1-23-67 H.A.Sq.mtr. and land of revenue Survey No.608 ad-measuring 0-

41-02 H.A.Sq.mtr. Moje Vansa, Ta.Harij, Dist. Patan.

4. Further, defendants of the suit are hereby perpetually restrained from interfering with the possession of the plaintiff qua said agricultural land of Survey No.588 and 608. In further, they are restrained not to take possession of this agricultural land by force.

5. Parties hereby are also directed to follow interim order of status qua passed by Hon'ble Gujarat High Court in Special Civil Application No.2398 of 2006."

2. It seems that the decree passed by the first appellate Court vide judgment and order dated 12.4.2016 is the subject matter of challenge in Second Appeal No.577 of 2023 pending before this Court.

3. The fact remains that the decree for declaration of the plaintiff/respondent in the writ petition/appellant herein as owner and occupier of the agricultural land of Survey No.588 admeasuring 1-23- 67 H.A.Sq.Mts. and Survey No.608 admeasuring 0-41-02 H.A.Sq.Mts. Moje Vansa, Ta. Harij, Dist. Patan has been passed by the competent Court during the pendency of the writ petition. It seems that while passing the judgment and order dated 6.2.2023 for setting aside the order dated 7.3.2005 passed by the Special Secretary (Appeals), Revenue Department and restoring the original position in the revenue

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records by deletion of Entry No.379, the learned Single Judge could not take note of the judgment and decree dated 12.4.2016 passed by the first appellate Court. From the contents of the judgment and decree dated 6.2.2023 passed by the learned Single Judge, it seems that the said fact has not been brought before it at the time of arguments in the writ petition.

4. For the aforesaid, while setting aside the judgment and order dated 6.2.2023, the instant appeal is hereby allowed. It needs no emphasis that the rights of the parties would be subject to the disposal of the pending Second Appeal.

Connected Civil Application for stay also stands disposed of."

8. It is in the interest of justice that, the petitioner herein to

file an undertaking before the Registry of this Court that, the

petitioner would abide by any order that may be passed in the

Second Appeal No.354 of 2023 which is preferred by the State

of Gujarat challenging the judgment and decree dated

10.10.2012 passed by the learned Principal Senior Civil Judge,

Bhuj in Regular Civil Suit No.384 of 2009 as well as the

judgment dated 14.10.2020 passed by the 10 th Additional

District Judge, Kutch at Bhuj, in Regular Civil Appeal No.34 of

2012.

9. In view of the aforesaid, the respondent No.2 herein to