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AO/185/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 185 of 2010
With
CIVIL
APPLICATION No. 6696 of 2010
In
APPEAL FROM ORDER No. 185 of 2010
======================================
SABIR
SAMSUDDINBHAI DEVDIWALA & others
Versus
YAKUB
GANIBHAI SURTI & 1 - Respondent(s)
======================================
Appearance :
Mr.
N.D. Nanavati, Senior Advocate, with Mr. N.D. Buch for NANAVATY
ADVOCATES for Appellants
MR SURESH M SHAH for Respondent No.1
None
for Respondent(s) : 2,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 29/07/2010
ORAL
ORDER
1 This
appeal from order arises out of the order dated 13th May
2010 passed by City Civil Court below applications Exh.6 and 7 in
Civil Suit No.994 of 2009.
2 The
suit was filed by the plaintiff for a permanent injunction against
the defendants on the grounds mentioned in the plaint and also
pleaded for interim relief against the defendants.
3 The
dispute of the land in the suit is pertaining to width of the private
road mentioned in the plaint. According to the plaintiff, the width
of the private road is 4.80 meters whereas the defendants contended
that the width of the road was reduced to 2.17 meters.
4 The
Ahmedabad Municipal Corporation, who has granted B.U. permission to
the defendants to construct on the land in question, has verified
from its records and reported that the width of the private road is
2.17 meters and even the site was also supervised by an officer of
the Corporation and no illegality was found by the officer about
construction carried out by the defendants.
5 In
the above circumstances, when the defendants have agreed to keep open
the space of 7 feet of the private road, they cannot be restrained
from carrying out the construction on the land in question for which
the plan is sanctioned and permission is granted by the Ahmedabad
Municipal Corporation, subject to the outcome of the suit.
6 With
the aforesaid direction, this appeal from order and the civil
application are disposed of with no order as to costs.
(ANANT
S. DAVE, J.)
(swamy)
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