ORDER :

1. The present application is filed by the applicant-original defendant No. 5 seeking the following prayers:-

(a) This Hon’ble Court be pleased to admit and allow the present Civil Application.

(b) This Hon’ble Court be pleased to direct the Respondents No. 1 to 4 to handover peaceful physical possession of the subject land bearing Revenue Survey No. 221/paiki and 225/paiki total admeasuring about 52 Acres and 4 Gunthas situated at Village Rajpur, Taluka Deesa, District Banaskantha in favour of the Applicant with necessary undertakings as may be deemed appropriate by this Hon’ble Court, Alternatively.

(c) This Hon’ble Court be pleased to appoint a Court Receiver under the provisions of Order XL of the Code of Civil Procedure, 1908, with all the necessary powers to take peaceful physical possession of the subject land bearing Revenue Survey No. 221/paiki and 225/paiki total admeasuring about 52 Acres and 4 Gunthas situated at Village Rajpur, Taluka Deesa, District Banaskantha from Respondents No. 1 to 4.

(d) After taking the peaceful physical possession, the subject land bearing Revenue Survey No. 221/paiki and 225/paiki total admeasuring about 52 Acres and 4 Gunthas situated at Village Rajpur, Taluka Deesa, District Banaskantha from Respondents No. 1 to 4, the Court Receiver be directed to file status report of the subject land at regular intervals before this Hon’ble Court.

(e) Ex-parte ad-interim reliefs in terms of Para 9(b) or Para (c) and (d) may be granted in favour of Applicant and against the Respondents No. 1 to 4.

(f) Any other further/reliefs in the interest of equity, justice and conscience be granted.

(g) Cost of the application be provided with.

2. The applicant has contended that the land in question is currently in possession of respondents No. 1 to 4, even-though, it has been adjudicated by the Trial Court that they are not entitled to hold the possession. It is alleged that this Court vide order dated 06.04.2017 directed respondents No. 1 to 4 to maintain status quo in relation to the possession and title of the subject land and the applicant came to know that respondents No. 1 to 4 have misrepresented their commitment to the instructions of the Court and intentionally, not adhered to the order of the Court and, therefore, the applicant is constrained to file the present application seeking appropriate directions. It is alleged that this Court has directed respondents No. 1 to 4 to maintain status-quo in First Appeal No. 2733 of 2009 before passing the order dated 06.04.2017.

2.1 It is alleged that the applicant came to know that respondents No. 1 to 4 had preferred Civil Suit being Regular Civil Suit No. 185 of 2015 before the learned Principal Civil Judge, Deesa against third parties on the ground that such third parties encroached approximately 4 Acres of subject land and though the applicant and respondents No. 17 and 18 are concerned parties in the said suit, respondents No. 1 to 4 have deliberately kept them in dark and avoid to join them as party to the proceedings and in the said suit, the Trial Court has directed the District Inspector Land Records to carry out a survey of the land and the DILR has submitted its report wherein it is clearly established that an area of approximately 4 Acres out of the total area of 52 Acres has been reduced/encroached upon by the third parties. It is alleged that on perusal of the orders passed by the Trial Court in the said suit, it also reveals that respondents No. 1 to 4 have abandoned the said suit after reaching at the stage of leading evidence and till date, no application for restoration of the suit has been filed by them.

2.2 It is alleged that respondents No. 1 to 4 are holding the possession of the subject land since 2007 and they have, at no point of time, informed/intimate the concerned Court for reduction of area of the subject land and since 1982, the parties have been at logger head with each other in various proceedings concerning the subject land and the