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2019 Supreme(Guj) 1067

B.M.TRIVEDI
Girishbhai Devsibhai Gajipara – Appellant
Versus
AXIS Bank Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Udit D. Mehta
For the Respondent: D.S. Aff. Not Filed (N), Mr. Vishwas K. Shah, Shivani Rajpurohit with Mr. Nithin, Siddharth Jha Adv.

JUDGMENT :

1. The petitioner Shri Girishbhai Devsibhai Gajipara claiming to be the tenant of the respondent No. 5 in respect of the plot nos. 25 to 56 admeasuring 3416 sq. mts. of revenue survey no. 1149/2 situated within the city limits of Jamnagar has filed the present petition seeking following main relief:

    “B. Be pleased to issue a Writ of Mandamus directing the Respondents not to disturb/take the possession and/or obstruct the possession and/or evict/dispossess from Plot Nos. 25 to 56 collectively admeasuring total 3416 sq. meters of Revenue Survey No. 1149/2 situated within the city limits of Jamnagar and which are also well known as “Silver Park” which are in physical possession of the Petitioner without following due process of law.”

2. As per the case of the petitioner, the petitioner had entered into a rent agreement/ lease agreement on 01.05.2010 with the respondent No. 5 in respect of the plots in question for a period of 10 years. The respondent No. 5 was making hindrances in the petitioner's putting up fence and were not giving NOC for electric connection, and therefore the petitioner had filed a Regular Civil Suit No. 261 of 2016 against the said respondent No. 5 in the

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