IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION No 9622 of 1996
in
SECOND APPEALNo 11 of 1990
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LAXMANBHAI AMTHABHAI CHUNARA
Versus
SARKHEJ GROUP GRAM PANCHAYAT
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Appearance:
MS JYOTSNA YAGNIK for Applicant
MR MEHUL S SHAH for MR SURESH M SHAH for Opponent
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CORAM : MR.JUSTICE Y.B.BHATT
Date of Order: 11/02/97
ORAL ORDER
1.Heard the learned counsel for the respective
parties. This application was adjourned on a number of
occasions to enable the learned counsel for the opponent
to explore the possibility of a restitution and/or
explore a possible settlement. He, however, states that
the opponent has not responded to his correspondence and
he therefore cannot make any statement in this regard.
The opponent has not filed any reply to this application.
2.It is obvious that the present applicant is a
decree-holder in respect of the decree passed by the
lower appellate court in his favour, whereby the opponent
was restrained by prohibitory injunction from interfering
with the possession of the applicant in respect of the
suit hut, and restrained from removing and/or demolishing
the same. The complaint made in the present application
is in substance that, although the decree passed by the
lower appellate court in favour of the applicant is alive
and subsisting, and is not stayed by this court by any
order passed in any application in the Second Appeal
filed by the opponent, the opponent has nevertheless
demolished the roof of the hut in question.
3.At this stage learned counsel for the applicant
confines her prayer to permit reconstruction of the roof
of the hut in question so as to restore status-quo ante,
by re-covering the hut with galvanised iron sheets. On
the facts and circumstances of the case, this prayer is
granted. Accordingly the applicant shall be permitted to
re-cover the hut by construction of a roof thereon,
consisting of galvanised iron sheets, and nothing
further. It is clarified that this order shall not be
exploited or interpreted by the applicant so as to
enlarge upon the hut or to alter the structure of the
said hut in any other manner except as indicated
hereinabove.
4.This application is accordingly disposed of. The
opponent shall pay the costs of the applicant quantified
at Rs.500/-.
11.02.97[Y.B. BHATT J.]