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MCA/2549/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2549 of 2010
In
SPECIAL
CIVIL APPLICATION No. 11099 of 2008
======================================
KAILASHBEN
D/O BHALABHAI @ BHAILALBHAI ISHWARBHAI PATEL & 2 - Applicants
Versus
STATE
OF GUJARAT THRO' SETTLEMENT COMMISSIONER & 12 - Opponents
======================================
Appearance :
MS
MEGHA JANI for the Applicants.
MR NEERAJ SONI, AGP for
Opponent(s) : 1,
None for Opponent(s) : 2,
MR TATTVAM K PATEL
for Opponent(s) : 3 - 13.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 05/10/2010
ORAL
ORDER
1. The
present application has been preferred by the applicants herein –
original respondent Nos.1 to 3 of Special Civil Application No.11099
of 2008 for modification of the order dated 18/12/2009 passed by this
Court so as to include the words “criminal proceedings”
in the operative part of the order where it refers to civil
proceedings in Para 4 of the aforesaid order.
2. Ms.Megha
Jani, learned advocate appearing on behalf of the applicants has
submitted that if this Court is not inclined to modify the order
dated 18/12/2009 passed by this Court in Special Civil Application
No.11099 of 2008, in that case, it may be clarified that the criminal
proceedings pending between the parties may be decided and disposed
of in accordance with law and on merits and without in any way being
influenced by the order dated 18/12/2009 passed by this Court in
Special Civil Application No.11099 of 2008.
3. Having
heard Ms.Megha Jani, learned advocate appearing on behalf of the
applicants and Mr.Tattvam Patel, learned advocate appearing on behalf
of the original petitioners and looking to the controversy in the
main petition, there is no necessity to modify the order dated
18/12/2009 passed by this Court, as prayed for.
4. This
Court passed an order in the main Special Civil Application by
observing that in case it is found that by the proposed division of
the land in question, there is no breach of provisions of Prevention
of Fragmentation Act, in that case, necessary division/s be made by
the Settlement Commissioner. However, the same shall be without
prejudice to the rights and contentions of the respective parties in
the civil proceedings inclusive of First Appeal pending before this
Court, in which, disputes with respect to title is pending.
5. In
the criminal proceedings, the Court is not likely to decide the
dispute with respect to title. It is to be noted that even the order
dated 18/12/2009 passed by this Court in Special Civil Application
No.11099 of 2008 is based on consensus between the learned advocates
appearing on behalf of the respective parties under the instructions
received from their respective clients. However, it is made clear
that this Court has not expressed any opinion on merits with respect
to criminal proceedings pending between the parties and it was not
subject matter of the petition. Therefore, Criminal Court to decide
and dispose of the same in accordance with law and on merits and
without in any way being influenced by the order dated 18/12/2009
passed by this Court in Special Civil Application No.11099 of 2008.
With
this, the present application is disposed of. No costs.
[M.R.SHAH,J]
*dipti
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