Gujarat High Court Case Information System
Print
SCA/28345/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 28345 of 2007
==========================================
PADMABEN
GIRDHARBHAI CHAVDA - Petitioner(s)
Versus
CHATURABEN
DHANJIBHAI CHUDASAMA & 3 - Respondent(s)
==========================================
Appearance
:
MR JD
AJMERA for Petitioner(s) : 1,
MR ASHISH M
DAGLI for Respondent(s) : 1 - 2.
UNSERVED-EXPIRED (N) for
Respondent(s) : 3,
NOTICE SERVED for Respondent(s) : 3.2.1 -
4.
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/07/2008
ORAL
ORDER
1. Heard
Shri J.D. Ajmera, learned advocate appearing on behalf of the
petitioner and Shri Ashish Dagli, learned advocate appearing on
behalf of respondents nos. 1 and 2, who are the main contesting
parties.
2. There
is a broad consensus between the learned advocates appearing on
behalf of the respective parties, under instructions from the
respective clients, that the petitioner be permitted to put up
construction as per the sanction plan in the shop in question without
prejudice to the rights and contention of the respective parties and
after construction, the petitioner shall not lease, transfer or
alienate the newly constructed shop in any manner whatsoever. After
the shop is constructed, the petitioner may approach the learned
trial Court for further orders, which can be considered by the
learned trial Court after hearing both the sides.
3. In
view of the above, the impugned orders passed by both the Courts
below are modified and the petitioner is permitted to construct the
shop in question as per the sanction plan by the municipality without
prejudice to the rights and contention of the respective parties to
the suit. It is further directed that the petitioner shall not
transfer, alienate and/or create any charge on the said property till
final disposal of the suit. It is further directed that as and when
the shop is constructed, the applicant may approach the learned trial
Court for further relief and the same may be considered by the
learned trial Court after giving an opportunity to all the parties
concerned in accordance with law and on its own merits. It is
further ordered, as agreed by the learned advocate appearing on
behalf of the petitioner, that the petitioner shall not claim any
equity at the time of deciding the suit by submitting that he has
already invested the amount in the newly constructed shop. In the
facts and circumstances of the case, the learned trial Court is
directed to decide and dispose of the suit as early as possible but
not later than 31st December, 2009.
4. With
this, the Special Civil Application is disposed of.
(M.R.
SHAH, J.)
siji
Top