IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 7698 of 2002
with
SPECIAL CIVIL APPLICATION NO. 7312 OF 2002
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MUSLIMUDIN SADRUDDIN SAIYED
Versus
CHIEF OFFICER
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Appearance:
1. Special Civil Application No. 7698 of 2002
MR MM TIRMIZI for Petitioner No. 1
MR DHIRENDRA MEHTA for Respondent No. 1
.......... for Respondent No. 2-3
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CORAM : MR.JUSTICE H.K.RATHOD
Date of Order: 25/11/2002
ORAL ORDER
Heard learned advocate Mr. M.M.Tirmizi for the
petitioner and Mr. Dhirendra Mehta for the respondent
Navsari Municipality. The grievance raised by the
petitioner is that the directions issued by the Court of
2nd Jt. Civil Judge, (J.D.), Navsari in his judgment and
decree dated 26th April, 2002 in Regular Civil Suit No.
160 of 1999 have not been implemented by the respondent
Municipality and, therefore, these petitions have been
filed. Learned advocate Mr. Dhirendra Mehta appearing
for the respondent Municipality has submitted that the
affidavit in reply has been filed by the respondent
Municipality in Special Civil Application No. 7698 of
2002. As regards the grievance raised by the petitioner
about non implementation of the order passed by the civil
court, it was submitted by him that the petitioner should
approach the concerned civil court for execution of the
order passed by the civil court and the present writ
petitions for execution of the orders of the civil court
are not maintainable.
Considering the averments made in the present
petitions and also considering the submissions made by
the learned advocates for the parties, I am of the view
that if the petitioner has any grievance about the non
compliance of the directions issued by the civil court,
then, for such non compliance and for execution of such
directions, the petitioners should approach the concerned
civil court and in such cases, writ petition is not
maintainable. Therefore, these two petitions are
dismissed without observing anything on merits of the
matter. It will, however, be open for the petitioner to
approach the civil court concerned in respect of the
grievance voiced in these petitions. Both the petitions
are, therefore, disposed of accordingly. Notice issued
in Special Civil Application No. 7698 of 2002 is
discharged. There shall be no order as to costs.
Dt.25.11.2002.(H.K. Rathod,J.)
Vyas