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SCA/13532/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13532 of 2009
=========================================================
UNION
OF INDIA - Petitioner(s)
Versus
RASIKLAL
HARILAL SHAH (HUF) - Respondent(s)
=========================================================
Appearance :
MR
PS CHAMPANERI for
Petitioner(s) : 1,
MR NK MAJMUDAR for Respondent(s) : 1,
MR
MEHUL S SHAH for Respondent(s) : 1,
MR SURESH M SHAH for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 12/05/2010
ORAL
ORDER
1. The
petitioner Union of India original defendant in Special Civil
Suit No. 524 of 1998 is before this Court being aggrieved by an order
passed in Special Darkhast No. 62 of 2009 pending before the learned
Senior Civil Judge, Vadodara, wherein the Court has passed an order
granting Exh.5 application and ordered to issue a possession warrant
in favour of the plaintiff and has also ordered to take the movable
property of the defendant including that of the currency in
attachment.
2. After
the matter was heard for some time, it was put to the learned
Advocate appearing for Union of India petitioner herein that once
a citizen of a country is not willing to continue his premises to be
with the Government, the Government should gracefully walk out of the
premises instead of dragging the citizen to long drawn litigation. As
in the present matter the suit was filed in the year 1998 and till
today the plaintiff is not able to get the possession of the premises
though there is a decree passed in his favour.
3. Learned
Advocate for the petitioner sought for time so as to convey to the
higher-ups in the Government, the feelings expressed herein above.
The learned Advocate for the petitioner is able to achieve a positive
result. An undertaking on affidavit is filed by one Chandusinh son of
Pratapsinh Labana, working as Senior Superintendent of Post Office at
Vadodara. The deponent has stated therein that he is authorized to
file an undertaking before this Court. He has undertaken to this
Court that the vacant peaceful possession of the premises situated at
village Jarod, Taluka: Vaghodia, District: Vadodara will be handed
over to the present respondent original plaintiff latest by 9th
March, 2011. He has also undertaken that rent will be regularly paid
for the said premises. Finally it is set out in the affidavit that
the rent will be paid at the rate of Rs. 3,000/- subject to the
result of Appeal No. 49 of 2009.
4. Learned
Advocate Mr. Shah submitted that since the decree is already passed,
the landlord and tenant relationship has come to an end and therefore
use of the word tenant in para 3 of the affidavit is not warranted.
Be that as it may, it does not affect the ultimate impact of the
undertaking and therefore the Court does not deem it proper to
undertake an exercise to direct the petitioner to get the word
corrected and to file it afresh.
5. The
petition is disposed of in view of the undertaking filed by the
petitioner.
6. Registry
is directed to send the writ of this Court to the Court below.
(RAVI
R. TRIPATHI, J.)
jani
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