2021 Supreme(Guj) 1157
B.N.KARIA
DINESH DURGASHANKAR PATHAK – Appellant
Versus
PRAVINCHANDRA PRANLAL – Respondent
Advocates Appeared:
For The Appellant : MR PREMAL S RACHH
For The Respondent: MR DEVANG R BHATT FOR MR HS MUNSHAW
ORDER :
1. By preferring this petition, petitioners have challenged the order passed below Exh.60 in Regular Civil Suit No.289 of 2011 dated 04.02.2015 by learned 7th Additional Senior Civil Judge, Jamnagar.
2. Short facts of present case may be summarized as under:
2.1 As per the contents of the petition, petitioners and respondent nos.1 to 3 are neighbours and respondent nos.1 to 3 are owners of land bearing Survey No.186, Sheet No.8, Soni Fali, Opp. Satyanarayan Temple, Jamnagar. Petitioners are the owners and residing at premises, which is on the southern side and adjacent to the land owned by respondent nos.1 to 3. As per the case of the respondent nos.1 to 3, without obtaining any permission, petitioners started unauthorized constructions on their premises and causing damage. As per their contentions, petitioners illegally encroached upon the common compound. They approached respondent no.4 - Municipal Corporation on 26.07.2011. However, no action was taken against the petitioners, and therefore, they have filed Regular Civil Suit No.289 of 2011 on 12.09.2011 before learned 7th Additional Senior Civil Judge, Jamnagar for declaration, mandatory and permanent injunction against th
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