Back
HIGH COURT OF GUJARAT
MR. JUSTICE NIKHIL S. KARIEL, J
SGP INDUSTRIAL INFRASTRUCTURE PRIVATE LIMITED – Appellant
Versus
JAYABEN TALAKSHI CHHEDA – Respondent
ORDER :
(NIKHIL S. KARIEL, J.)
1. Heard learned Senior Advocate Mr.Mihir Joshi with learned Advocate Mr.Kunal Nanavati and learned Advocate Mr.Kaustubh Shrivastav for Nanavati Associates on behalf of the petitioner and learned Assistant Government Pleader Mr.J.K.Shah on behalf of the respondent – State.
2. By way of this petition, the petitioner challenges an interim order passed by the SSRD in Revision Application No.MVV/HKP/VLS/139/2024 more particularly whereby the SSRD in addition to directing the status-quo with regard to the revenue record has further directed status-quo with regard to the property itself.
3. Considering the submissions made by learned Senior Advocate for the petitioner and learned AGP for the respondent – State and having perused the impugned order, it prima facie appears to this Court that the proceedings with regard to the subject land is already pending before the High Court of Bombay and whereas, it also appears that the Coordinate High Court has directed an order of status-quo with regard to the property in question more particularly learned Senior Advocate pointing out that the order of the Bombay High Court is qua not to transfer 50% of the property in
The SSRD exceeded its jurisdiction by imposing a status-quo on property in a matter pending before the Bombay High Court.
The main legal point established in the judgment is the need to address conflicting claims based on C.S. record of right and R.S. record of right, and to ensure expeditious disposal of the suit.
The court upheld the need for further examination of land ownership, emphasizing the importance of prior civil suit findings and maintaining status-quo on revenue records.
(1) Second Appeal – High Court cannot pass any ad interim order for a limited period, before framing substantial question(s) of law, while dealing with a second appeal filed under Order XLI r/w Secti....
The Tribunal exceeded its jurisdiction by ruling on property title without proper evidence, necessitating resolution in civil courts.
The court held that parties must establish their civil rights before seeking interim relief in revenue proceedings.
The main legal point established in the judgment is the significance of impleading all relevant parties and challenging relevant orders in legal proceedings to ensure a fair and just decision.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
