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SCA/17177/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 17177 of 2011
=========================================================
ISMAILBHAI
GAFURBHAI BIN - Petitioner(s)
Versus
STATE
OF GUJARAT & 9 - Respondent(s)
=========================================================
Appearance
:
MR
SHIVANG J SHUKLA for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 6, 6.2.1, 6.2.2,
6.2.3,6.2.4 - 7, 7.2.1, 7.2.2,7.2.3 - 8, 8.2.1, 8.2.2, 8.2.3,8.2.4 -
9, 9.2.1, 9.2.2, 9.2.3, 9.2.4,9.2.5 - 10, 10.2.1, 10.2.2,10.2.3
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
Date
: 21/11/2011
ORAL
ORDER
1. Leave
to substitute annexure-A. Learned advocate for the petitioner
undertakes to supply typed copy of the said annexure.
2. Mr.Shivang
Shukla, learned advocate for the petitioner invited attention to the
abstract of the city survey record in relation to Final Plot No.432
to point out that the name of the petitioner had been entered in the
record way back on 21.12.1999 and subsequent entries have been made
on the basis of the judgments of this High Court as well as of the
Supreme Court. It was submitted that the name of Ravjibhai Mathurbhai
Solanki – the predecessor in title of the respondents No.5 to
10 had been deleted in December 1999 despite which the said
respondents had made an application before the revenue authorities
along with the affidavit dated 3.9.2011 (Annexure-D to the petition)
for inserting their names as heirs and legal representatives of
deceased Ravjibhai Mathurbhai Solanki. It was submitted that despite
the fact that the name of Ravjibhai Mathurbhai Solanki stood deleted
from the record, the City Survey Superintendent, without issuance of
notice to the petitioner herein, has entered the name of the
respondents No.5 to 10 in the record.
3. Having
regard to the submissions advanced by the learned advocate for the
petitioner, issue notice returnable on 30.11.2011. By way of
ad-interim relief, the entry dated 7.9.2011 made by the City Survey
Superintendent, Anand in relation to Final Plot No.432 situated at
Anand is hereby stayed.
Direct
service is permitted.
(Harsha
Devani,J)
pathan
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