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SCA/999220/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9992 of 2008
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SARDARBHAI
CHHOTABHAI SOLANKI & 3 - Petitioner(s)
Versus
GOPALBHAI
DAHYABHAI SOLANKI DECEASED THROUGH HEIRS & 3 - Respondent(s)
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Appearance
:
MR HARESH J
TRIVEDI for Petitioner(s) : 1 - 4.
None for
Respondent(s) : 1 - 4.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/11/2008
ORAL
ORDER
1. By
way of this petition under Article 227 of the Constitution of Indian
the petitioners-original defendants have prayed for an appropriate
writ, order or direction quashing and setting aside the impugned
order passed by the learned Additional District Judge and Presiding
Officer, Fast Track Court No. 7, Vadodara dated 17/05/2008 in
Miscellaneous Civil Appeal No. 342/2007 allowing the said appeal by
quashing and setting aside the order passed by the learned trial
Judge below Exh. 5 in Regular Civil Suit No. 599/2004 and restraining
the petitioners-original defendants from making any construction by
way encroachment on fourteen feet open land as claimed by the
respondents-original plaintiffs situated on the eastern side of the
property n question.
2. Considering
the fact and which is not disputed by the learned advocate appearing
on behalf of the petitioners-original defendants that there is no
valid permission from the competent authority obtained by the
petitioners-original defendants for putting up any construction and
even consequently the plans are not sanctioned by the competent
authority considering the above when the learned appellate Court has
allowed the appeal quashing and setting aside the order passed by
the learned trial Court below Exh. 5, it cannot be said that the same
was illegal and/or the learned appellate Court has committed an
error, which calls for interference of this Court in exercise of
powers under Article 227 of the Constitution of India.
3. Under
the circumstances, there is no substance in the present Special Civil
Application and, therefore, the same deserves dismissal and is
accordingly dismissed.
(M.R.
SHAH, J.)
siji
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