UMESH A. TRIVEDI
SNEHI MANDAL CO-OP. HOUSING SOCIETY LIMITED – Appellant
Versus
GENERAL MANAGER, WESTERN RAILWAY, BOMBAY – Respondent
ORDER :
1. By way of this petition under Article 227 of the Constitution of India, the petitioner-original plaintiff challenges the order dated 02.09.2022 passed below Exhibit-315 and order dated 17.09.2020 passed below Exhibit-338 (wrongly stated to be Exh-457 in the prayer clause), contending that the said orders are illegal and passed without hearing the petitioner, so far as order passed below Exhibit-338 is concerned.
2. In addition to it, on merit, other grounds are raised.
3. The petitioner is the original plaintiff, who had filed a suit being Regular Civil Suit no. 78 of 2006 in the Court of Civil Judge (Senior Division), Godhara, claiming that suit property is owned and possessed by the petitioner-Society, as an owner, and defendants- respondents herein have no right, title or interest to remove them from the said possession or interfere with the boundary or damage or remove the boundary thereof. In short, the said suit is filed for permanent injunction restraining the defendants therein, not to interfere with their physical possession, not to damage or remove the boundary thereof. On filing of the suit, summons came to be issued, defendants appeared before the Court and file
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