Back
GUJARAT HIGH COURT
J.B. PARDIWALA, J
SHAKRIBEN LAVJIBHAI GOHEL (DECD.) THRU LEGAL HEIR MOHANBHAI LAVJIBHAI GOHEL – Appellant
Versus
DISTRICT COLLECTOR – Respondent
| Table of Content |
|---|
| 1. claim of possession despite government ownership. (Para 2 , 3) |
| 2. urgency does not exempt from notice requirements under section 80. (Para 10 , 16) |
| 3. court must return plaint if no urgent relief is needed. (Para 11 , 17) |
| 4. mandatory nature of notice under section 80 affirmed. (Para 19) |
ORAL JUDGMENT
1. This first appeal under section 96 of the CPC is at the instance of the original plaintiff and is directed against the judgment and decree dated 15th June, 2016 passed by the Judge of the City Civil Court, Court No.5, Ahmedabadi in the Civil Suit No.2161 of 2005.
2. It appears from the materials on record that the applicant herein preferred a civil suit for declaration and injunction in connection with the agricultural land bearing Survey No.234, situated at Mouje Shahwadi, Taluka & District: Ahmedabad. It is the case of the plaintiff that although the State Government is the owner of the land in question, yet he is in possession of the land since 1965. It is also his case that his mother late Shakriben Lavjibhai Gohel had preferred an application dated 31st December, 1984, addressed to the Collector for regularization of the possession of the land. The application w
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
