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SCA/4992/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4992 of 2009
======================================
SURAJBEN
ADESANG RANA DIED THROUGH HER HEIRS & others
Versus
STATE
OF GUJARAT & others
======================================
Appearance :
Ms.
Amita Shah for MR MEHUL H RATHOD for
Petitioners
Mr.
Kartik Pandya, AGP, for respondent No.1
NOTICE
SERVED for Respondent(s) : 1 - 3.
MR MTM HAKIM for Respondent(s) :
4 - 5.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 06/08/2010
ORAL
ORDER
This
petition under Article 227 of the Constitution of India is filed by
the petitioners [original defendant Nos.4 to 11] challenging the
concurrent findings recorded by the Courts below, namely, the learned
Civil Judge [S.D.], Vadodara, below application Exh.5 in Regular
Civil Suit No.1657 of 1996 and the learned 2nd Additional
District Judge, Vadodara, in Civil Misc. Appeal No.310 of 1997, vide
orders dated 18.9.2007 and 8.2.2008, respectively, to the effect that
the plaintiffs could, prima-facie, prove their possession on the
strength of revenue records and even by a recital in the testamentary
document, namely, Will produced by the defendants. Thus, the Courts
below have considered the necessary documents on record and recorded
a concurrent finding to the effect that that the plaintiffs could
establish a prima-facie case about possession of the suit land, which
cannot be said to be in any manner contrary to law or resulting into
gross failure of justice or causing any grave injustice, warranting
exercise of power by this Court under Article 227 of the Constitution
of India. No case is made out to entertain the present petition.
Hence, this petition is rejected. Notice is discharged with no order
as to costs.
It
is made clear that the observations made in this order are tentative
in nature for considering the case within the scope of Article 227 of
the Constitution of India but, this will not preclude the parties to
refer their case to the District Mediation Center, Vadodara, if
available, and, in such an eventuality, the trial court may pass
appropriate orders accordingly.
(ANANT
S. DAVE, J.)
(swamy)
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