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SCA/7992/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7992 of 2011
=========================================
PANCHIBEN
PANCHABHAI BHALIYA - Petitioner(s)
Versus
SAFIBHAI
DAUDBHAI MANSURI - Respondent(s)
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Appearance :
MR
MANOJ SHRIMALI for Petitioner(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 30/06/2011
ORAL
ORDER
The
present petition has been filed by the Petitioner under Articles 14,
19, 21, 226 and 227 of the Constitution of India as well as under
the Code of Civil Procedure for the prayer that appropriate writ,
order or direction may be issued quashing and setting aside the
impugned order dated 21.1.2011 passed by the learned additional
District Judge and Fast Track Court, Veraval, Camp at Una in Misc.
Civil Appeal No.21 of 2010 to the extent of stay against putting up
fencing by the Petitioner, on the grounds set out in the petition.
Heard
learned Advocate Mr. Manoj Shrimali appearing for the petitioner and
perused the papers.
As
it transpires from the observations made by the lower appellate
court on page 36-37, there is no measurement and demarcation of the
area, and therefore, as observed by the lower appellate court to
avoid the confusion that part has been modified from the order by
the trial court granting injunction which does not call for any
interference.
Learned
Advocate Mr. Shrimali submitted that let the DLR make the
measurement with regard to the land in question for the purpose of
boundaries, and on the basis of such measurement and the report of
the DLR, the application would be made before the trial court which
may be decided after hearing both the sides.
Accordingly,
the present petition stands disposed of with the direction that the
DLR shall make the measurement and make the panchnama with the
report about the boundaries in presence of both the sides. The
necessary application which may be made to the trial court by the
petitioner would be considered by the trial court in accordance with
the report of the DLR and the measurement made with regard to the
boundaries, the same may be decided expeditiously.
With
the aforesaid observation, the present petition stands disposed of.
(Rajesh
H. Shukla,J)
Jayanti*
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