ORAL ORDER

1. The present petition is filed with the following prayers :-

“(A) YOUR LORDSHIPS may be pleased to allow and admit this petition ;

(B) YOUR LORDSHIPS may be pleased to issue a writ of certiorari and/or any other appropriate writ, and further be pleased to quash and set- aside order dated 20.02.2024 passed by Principal District Judge, Anand in MCA No. 26 of 2022;

(C) Pending hearing and final disposal of present petitioner YOUR LORDSHIPS may be plot eased stay implementation, operation and execution of order dated 20.02.2024 passed by Principal District Judge, Anand in MCA No. 26 of 2022;

(D) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;”

2. The facts of the present case in nutshell are as under :

2.1. The parties to present proceeding are legal heirs of late Ishwarbhai Parmar holding ancestral land bearing Revenue Survey No. 1030 admeasuring 1-05-22 hector of Village: Vadod, Ta. Dist: Anand.

2.2. The aforementioned land was orally partitioned amongst all the legal heirs and accordingly all the legal heirs including respondent No. 1 to 3 herein have taken over their respective share in the property and constructed their respective houses.

2.3. In the year 2014, the present petitioners intended to construct house for his son Hitesh Parmar in the land in question, therefore sought drainage and water connection from Vadod Gram Panchayat, Vadod. The same was granted vide resolution dated 11.10.2014 bearing No. 345/2.

2.4. On 19.11.2018, group of family members namely Shankarbhai Bhikhabhai Solanki and another filed Regular Civil Suit No. 327 of 2018 before the learned Principal Civil Judge, Anand seeking partition in the property claiming 50% share in the property.

2.5. Respondent No. 1 herein along with other legal heirs filed written statement on Regular Civil Suit No. 327 of 2018 stating that partition for the property is undertaken long back and everyone has taken over possession of their respective share, the same was also evident from panchnama done by court commissioner wherein actual position of land was shown.

2.6. On 06.01.2020 Regular Civil Suit No. 327 of 2018 was dismissed for non- prosecution. The same is not restored till date. 2.7. In the year 2022 as the old house of the petitioner's son namely Hitesh Parmar was in dilapidated condition, therefore in order to rebuild the house, started renovation work. The respondent No. 1 to 3 being annoyed by the same, filed Regular Civil Suit No. 111 of 2022 along with stay application before the learned Principal Senior Civil Judge, Anand seeking partition of the property.

2.8. Vide order dated 07.12.2022, application under Exbt: 8 for interim stay filed by respondent No.3 herein Regular Civil Suit No. 111 of 2023 was rejected by the learned 5th Additional Senior Civil Judge, Anand.

2.9. Being aggrieved and dissatisfied by the order dated 07.12.2022 respondent No.3 along with other plaintiffs in Regular Civil Suit No. 111 of 2023 preferred Misc. Civil Appeal No.

26 of 2022 before the learned District Court, Anand.

2.10. Vide order dated 20.02.2024 (impugned herein) the learned District Judge, Anand was pleased to partly allow Misc. Civil Appeal No. 26 of 2022 by granting liberty to respondent Nos. 1 to 3 for filing fresh application for stay in case petitioner's son obstructs their way.

3. Heard learned advocate Mr. Ravani assisted by learned advocate Mr. Vivek Bhamare for the petitioner. He pointed out that the learned appellate Court has committed serious but grave error by expanding the scope of the relief. He further submits that though the order passed by the learned appellate Court is more in favour of the appellant, the operative order No.4 is illegal, incorrect as well as unjust. Therefore, he submits to intervene in the order passed by the appellate Court to that extent.

4. Having heard learned advocate Mr. Ravani for the petitioner. At the outset, let refer operative part of the order pas