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SCA/11961/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11961 of 2008
=====================================================
SATISHBHAI
SHANTILAL MEHTA & 1 - Petitioner(s)
Versus
MUNICIPAL
CORPORATION OF RAJKOT CITY & 1 - Respondent(s)
=====================================================
Appearance :
MR
DC SEJPAL for Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 24/09/2008
ORAL
ORDER
1. The
petitioners have prayed for relief inter alia to quash and set aside
the order dated 23.9.2008 passed by the respondent No.2 Corporation,
whereby the petitioner is called upon to stop the construction work
of compound wall and further it is also directed to remove the
material lying for construction of compound wall.
2. Heard
Mr. D.C. Sejpal, learned counsel for the petitioners.
3. Upon
hearing of the learned counsel for the petitioners and on perusal of
the impugned order shows that Civil Appeal No.50 of 2001 is pending
before the District Court and in the proceedings of the District
Court, the application was also made on behalf of the respondent
therein/predecessor-in-title of the petitioner to get fencing over
the plot. Therefore, the stand of Corporation is that pursuant to the
said proceedings, the fencing is already made by the Corporation
under the order of the Court and petitioner is trying to illegally
construct the compound wall and therefore, direction has been issued.
4. It
appears that when the matter is at large pending before the District
Court as Appeal No.50 of 2001, if the petitioner as a purchaser of
the property is claiming any additional right or seeking any
direction, it would be required for the petitioner to approach before
the same Court, which is seizepd with the proceedings of the appeal.
4. Under
the circumstances, the present petition is not entertained and
disposed of accordingly. It is observed that if such application is
made, the rights and contentions of both the sides shall remain open.
(JAYANT
PATEL,J.)
ynvyas
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