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NEUTRAL CITATION

R/CR.RA/70/2006 JUDGMENT DATED: 01/04/2026

0.18988071473153745

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY

SUBORDINATE COURT) NO. 70 of 2006

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

Approved for Reporting Yes No √

==========================================================

SHRI SUBHASH SADURAM GUPTA & ORS.

Versus VIMALKUMAR DHIRAJLAL TAMBOLI & ORS.

==========================================================

Appearance:

MR HARSHIT S TOLIA, SR. ADVOCATE with MR BIREN J PANCHAL(9300) for the Applicant(s) No. 1,3,4,5 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Applicant(s)

No. 2,6 MR BM MANGUKIYA(437) for the Respondent(s) No. 2 MR JA ADESHRA(107) for the Respondent(s) No. 1

MS MONALI BHATT, APP for the Respondent(s) No. 3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

Date : 01/04/2026

JUDGMENT

[1.0] By way of present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the applicants have prayed for quashing and setting aside of the judgment and order dated 27.01.2006 rendered by the learned 2^nd Additional Sessions Judge, Bhavnagar in Criminal Revision Application

No.15 of 2005.

[2.0] Heard learned Senior Advocate Mr. Harshit S. Tolia assisted by learned advocate Mr. Biren J. Panchal for the applicants, learned advocate Mr. J.A. Adeshra for the respondent No.1, learned advocate Mr.

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NEUTRAL CITATION

R/CR.RA/70/2006 JUDGMENT DATED: 01/04/2026

0.18988071473153745

B.M. Mangukiya for respondent No.2 and learned APP for respondent No.3 – State of Gujarat.

[3.0] Having heard the learned advocates for the respective parties at length and perusing the record, it appears that present revision application is challenging the impugned order passed by the learned 2^nd Additional Sessions Judge, Bhavnagar in Criminal Revision Application No.15/2005 which was preferred by respondent No.1 herein being aggrieved and dissatisfied by the order passed by the Executive Magistrate, Bhavnagar in Criminal Case No.1/2004 whereby the learned Executive Magistrate initially has been pleased to pass an order in complaint No.1/2004 with regard to property situated in Hill Drive Area bearing plot No.2280 restricting the respondent No.1 herein to trespass

in the said property.

[4.0] The bone contention of the respondent No.1 – original revisionist was that present applicants – original respondents having no legal and lawful possession on the Plot No.2280 and over the said property, 12 sub-plots being done and subsequently without any consideration, sale transaction took place and subsequently it was cancelled and matter was subjudice. Though learned Executive Magistrate has committed an error in believing the possession of the present applicants. Considering the rival contentions, learned Sessions Judge has been pleased to allow the revision application and pleased to quash and set aside the order passed by the learned Executive Magistrate, Bhavnagar in Complaint No.1/2004 and directed the Executive Magistrate to decide with regard to possession of the said property based on the material on record. Further, direction was issued that the Collector, Bhavnagar shall appoint independent Executive Magistrate to examine as to who was in possession of the property on the date on which respondent No.1 herein – Mr. Vimalkumar Dhirajlal Tamboli has filed the complaint before the

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NEUTRAL CITATION

R/CR.RA/70/2006 JUDGMENT DATED: 01/04/2026

0.18988071473153745

Superintendent of Police, Bhavnagar and to maintain status-quo with regard to the said property