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LPA/115820/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1158 of 2008
In
SPECIAL
CIVIL APPLICATION No. 4106 of 2008
With
CIVIL
APPLICATION No. 11963 of 2008
=================================================
PRAVINCHANDRA
AMARSHI PARMAR - Appellant(s)
Versus
STATE
OF GUJARAT & 10 - Respondent(s)
=================================================
Appearance :
MR
ND NANAVATI, Sr. Advocate for NANAVATY ADVOCATES for Appellant(s) :
1,
MR APURVA DAVE, AGP for Respondent(s) : 1 3
MR
MOUSAM R YAGNIK for Respondent(s) No. 4,
MR ASIM PANDYA
for Respondent(s) No. 11
None for Respondent(s) : 5 -
10.
=================================================
CORAM
:
HONOURABLE
MR. JUSTICE MOHIT S. SHAH
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 08/10/2008
ORAL ORDER
(Per
: HONOURABLE MR. JUSTICE MOHIT S. SHAH)
Heard
Mr ND Nanavati, learned counsel for the appellant, Mr Apurva Dave,
learned AGP for respondent Nos. 1 to 3, Mr Mousam R Yagnik for
respondent No. 4 and Mr Asim Pandya for respondent No. 11 (original
petitioner) Hitesh Prabhudas Tanti.
2.
As far as respondent Nos. 5 to 10 are concerned, they cannot claim
any ownership right over the land in question at present because the
dispute is whether they had sold the land in question in favour of
respondent No. 4 – Vrajlal Girdharlal Dhanak by registered sale deed
dated 3.10.2003 who thereafter executed sale deed in favour of
appellant – Pravinchandra Amarshi Parmar on 22.2.2008 or whether they
had sold the land in question by registered sale deed dated 28.9.2007
in favour of respondent No. 11 – Hitesh Prabhudas Tanti.
3. Special
Civil Suit No. 70 of 2008 for setting aside the registered sale deed
dated 3.10.2003 in favour of Vrujlal Girdharlal Dhanak and registered
sale deed dated 22.2.2008 in favour of Pravinchandra Amarshi Parmar
is pending before the Civil Court at Rajkot. As per the settled
legal position, the entries in the revenue record do not confer any
title on any person and the disputes regarding ownership over land
can be decided only by the Civil Court. In this view of the matter,
we set aside the impugned order of the learned Single Judge setting
aside Entry No. 3628. So also the other direction given by the
learned Single Judge for abatement of the proceedings before the
revenue authorities is set aside with the consequence that Appeal
No. LR Code-108(5)-Case No. 48/08 shall stand revived before the
Deputy Collector, Rajkot and the interim order dated 6.6.2008 passed
by the Deputy Collector, Rajkot in the said appeal granting interim
injunction against transfer, disposal or alienation of the land shall
also stand revived with a further direction that there shall be
interim stay against operation of Entry Nos. 3628 and 3630 regarding
the land in question being Revenue Survey No. 48 Paiki in village
Vavadi in Rajkot Taluka, till the Civil Court decides Special Civil
Suit No. 70 of 2008. The direction of the learned Single Judge
directing the parties to appear before the Collector in revision is
also set aside.
4. It
will be open to the parties to move the Civil Court for early hearing
of the above numbered suit. It is clarified that the Civil Court
will hear and decide the suit in accordance with law without being
influenced either by any revenue entries or the interim order dated
6.6.2008 of the Deputy Collector or this order.
5. The
Letters Patent Appeal is disposed of in the above terms.
The
Civil Application for stay is also disposed of.
[M.S.
SHAH, J.]
[HARSHA
DEVANI, J.]
sundar/-
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