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2004 Supreme(Guj) 305
Gujarat High Court
Judgename :K.A.Puj
Om Prakash B.Khare - Appellant
Versus
State of Gujarat - Respondent
APPEAL FROM ORDER319 of 2003
Decided On : 04/27/2004
Headnote:
Land (Ceiling and Regulation) Act, 1976 -Sections 21, 21 (1), 6 (1),10, 6, 8 (1) and 8 (3), 20 (1) 33, 10 (2), 23, 42, 10 (1), 10 (3), 10 (5), 10 (6), 2 (q) - Limitation Act, Section 100 - Present appellant has filed the present Appeal From order against the rejection of the relief claimed in the injunction application - Appeal was admitted on and notice was issued in Civil application and parties were directed to maintain status quo qua the possession and title of the land in question hiding the superstructure erected on the dale of the said order - Court has also made it clear in the said order that the status quo qua the possession of the land will be maintained and the respondents were directed not to transfer possession of the land to any third party and were also directed not to transfer the super truclure erected if not transferred or altered on or before that date - Court has also made clear if earned out would be subject to the outcome of the Appeal From Order - said arrangement was made till the Civil Application was heard and finally disposed - Said Civil Application was finally heard and disposed of on and the Court has held that the order passed earlier on was required to be made final till final disposal of the Appeal so as lo avoid any further litigation and to eliminate the dispule between the parties - Court has also directed to expedite the hearing of the Appeal - Held, Court expects that when there is even little doubt or apprehension about the violation or breach of the Courts order the parties against whom such order is passed should immediately approach to the concerned court and seek necessary clarification instead of committing any breach by taking shelter of any technical issue or by taking advantage of any factual error of other side - Order of the Court even if it is wrong and till it is reversed or set aside must be honoured at any cost - Appeal From Order is dismissed Civil Application No. for joining party does not survive and it is accordingly disposed It is however open the appellant to move appropriate application before the Trial - Court seeking of the said party in the pending suit - Appeal From Order Civil Application do not survive and they are accordingly disposed of - learned advocate appearing for the appellant makes the request for stay against the operation and implementation of this judgment - Learned advocate appearing for respondent has objected to the said request. Having regard to the facts and circumstances of the case and for the reasons mentioned in this judgment the court has not found any sufficient reason granting slay and hence, there is no reason for staying this judgment - Request is rejected - Appeal dismissed.
( 1 ) ). This Appeal From Order is filed against the order passed by the learned civil Judge (S. D. ). Vadodara below an application Exh. 5 in Special Civil Sail No. 1051 of 2001 whereby the injunction application preferred by the original plaintiff - present appellant was partly allowed and relief claimed in paragraph 21 (2) of the said application was granted and rest of the relief claimed was rejected,
( 2 ) THE original plaintiff - present appellant has filed the present Appeal From order against the rejection of the relief claimed in the injunction application.
( 3 ) THIS Appeal was admitted on 16. 09. 2003 and notice was issued in Civil application No. 6539 of 2003 and parties were directed to maintain status quo qua the possession and title of the land in question inehiding the superstructure erected on the dale of the said order, i. e. on 16. 09. 2003. The Court has also made it clear in the said order that the status quo qua the possession 5 of the land will be maintained and the respondents were directed not to transfer possession of the land to any third party and were also directed not to transfer the superstruclure erected, if not transferred or altered on or before that date. The Court has also made clear thai the conslruclion, if earned out, would be subjecl to the outcome of the Appeal From Order. The said arrangement was made till the Civil Application was heard and finally disposed of. The said Civil Application was finally heard and disposed of on 11. 11. 2003 and the Court has held that the order passed earlier on 16. 09. 2003 was required to be made final, till final disposal of the Appeal so as lo avoid any further litigation and to eliminate the dispule between the parties. The Court has also directed to expedite the hearing of the Appeal.
( 4 ) C. A. No. 7348 of 2003 was filed by the appellanl - original plaintiff seeking impleadment of one Mr. Manoj V. Shall as party - opponent No. 8 in the Appeal as well as in C. A. No. 6539 of 2003 and consequently, ex purte interim injunction was also claimed against the said opponent no. 8 restraining him from transferring further or making any construction over the said land to the extent of 3389 Sq. Mtrs. of land of Final Plot No. 834 paiki of village bapod, Tal. and Dist. Vadodara, during the pendency of the Appeal From Order.
( 5 ) THE original plaintiff - present appellant has also filed C. A. No. 7864 of 2003 seeking impleadrnent of one Mr. Ashokhhai Somahhai Patel as party - respondent in the A. O. as well as in C. A. No. 6539 of 2003 and interim injunction was prayed for against the said Ashokbhai somahhai Palel in terms of the prayer made in the said application. The said application was disposed of by this Court on 11. 11. 2003 and said Ashokbhai Somabhai Patel was impleaded as party - respondent in the A. O. and it was conceded on his behalf that he would be abide by the order passed by this court in C. A. No. 6539 of 2003 on 11. 11. 2003.
( 6 ) C. A. No. 471 of 2004 was filed by the original defendants - present respondent nos. 5 to 7 seeking vacation of the interim relief granted by this Court in C. A. No. 6539 of 2003 on 11. 11. 2003. The said Civil application was ordered to be listed alongwith A. O. for final disposal.
( 7 ) C. A. No. 776 of 2004 was filed by the present appellant - original plaintiff for taking up C. A. No. 7348 of 2003 for hearing immediately for appropriate order and the relief was claimed pending admission, hearing and final disposal of the said appeal to the effect that the opponents be restrained from making allotment of the superstructure built on the Final Plot No. 833 admeasuring about 3389 Sq. Mtrs. in favour of any person or party. Rule was issued in the said application and it was also kept for final hearing along with appeal From Order No. 319 of 2003.
( 8 ) C. A. No. 1886 of 2004 was filed by the present appellant - original plaintiff seeking declaration from the Court that the opponents have committed bre
