SCA/8777/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8777 of 2008 ========================================================= DINESHCHANDRA CHHAGANLAL THAKKAR - Petitioner(s) Versus SHAHINABEN YUKUB REHMAN & 1 - Respondent(s) ========================================================= Appearance : MR MAHENDRA K PATEL for Petitioner(s) : 1, MR DR BHATT for Respondent(s) : 1 - 2. MR RAVISH D BHATT for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 27/08/2008 ORAL ORDER
1.
By way of this petition under Article 227 of the Constitution of
India, petitioner-original appellant – plaintiff has prayed for an
appropriate writ, order or direction, quashing and setting aside the
orders passed by both the Courts below by which the application Exh.5
submitted by the petitioner restraining the respondents from taking
the possession of the disputed room and for mandatory relief vide
Exh.12 has been dismissed.
2.
In view of the concurrent findings given by both the courts below
and considering the fact that admittedly the petitioner is not in
possession of the suit property, no case is made out for mandatory
injunction. Hence, the petition deserves dismissal and is
accordingly dismissed. However, it is observed that any observations
made by both the courts below while deciding Exh.5, Exh.12 and the
appeal shall not come in the way of the petitioner to file
substantive suit for declaring him as tenant and the same shall be
considered on merits and on the basis of the evidence led by the
parties.
3.
With these, present petition is dismissed. Notice is discharged with
no order as to costs.
(
M.R. SHAH, J. )
syed/