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SCA/4223/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4223 of 2009
==========================================
IBRAHIMBHAI
AHMADBHAI MULTANI - Petitioner(s)
Versus
BIBIBEN
AHMADBHAI MULTANI & 5 - Respondent(s)
==========================================
Appearance
:
MR BHARAT
JANI for Petitioner(s) : 1,
None for
Respondent(s) : 1 - 6.
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 01/05/2009
ORAL
ORDER
1. By
way of this petition under Article 227 of the Constitution of India
the petitioner-original plaintiff has prayed for an appropriate writ,
order or direction quashing and setting aside the impugned judgement
and order dated 12/11/2008 passed by the learned Second Additional
District Judge, Bharuch in Civil Miscellaneous Application No.
80/2007 as well as the order passed by the learned Additional Civil
Judge, Jambusar (Camp-Aamod) dated 25/07/2007 below Exh. 5 in Regular
Civil Suit No. 10/2007 by which both the Courts below have
concurrently refused to grant interim injunction in favour of the
petitioner-original plaintiff.
2. Having
heard the learned advocates appearing for the petitioner-original
plaintiff and considering the impugned orders passed by both the
Courts below, it appears that both the Courts below have concurrently
found that the petitioner-original plaintiff has miserably failed to
prove the right of way by way of easement from the disputed property
in question and thereby both the Courts below have refused to grant
any injunction as prayed for in favour of the petitioner-original
plaintiff. Considering the impugned orders and more particularly,
the notice issued by the petitioner-original plaintiff which
establishes that the petitioner-original plaintiff is not permitted
to use the way from the property bearing Survey No. 3358 since last
25 years, considering the above, when both the Courts below have
concurrently refused to grant interim injunction as prayed for in
favour of the petitioner-original plaintiff, it cannot be said that
the impugned orders are without jurisdiction and/or illegal and/or
perverse, 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 it is accordingly dismissed.
(M.R.
SHAH, J.)
siji
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