##PAGE1##

NEUTRAL CITATION

C/CRA/645/2025 ORDER DATED: 30/03/2026

0.38759117502896845

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL REVISION APPLICATION NO. 645 of 2025

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

PRAVIN RAJKUMAR PAL SON AND LH OF LATE RAJKUMAR CHAGGAD PAN AND ANOTHER & ANR.

Versus BHUPATBHAI KUKDIYA & ANR.

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

Appearance:

MR ARJUNSINGH B CHAUHAN(11510) for the Applicant(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 30/03/2026

ORAL ORDER

1. The present revision application is filed under Section 115 of the Code of Civil Procedure, 1908 by the applicants – original plaintiffs praying for the following

reliefs:-

“39(1) BE PLEASED, To admit and allow this petition in the interest of Justice.

(2) BE PLEASED, To call for the case record of Regular Civil Case No.53/2024 of the court of the Principal Senior Civil Judge of Mangrol and quash and set aside the order dated 30.04.2024 of exhibit-

11 at Annexure-A, in the interest of Justice.

(3) BE PLEASED, To pass such other and

Page 1 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Mon Apr 20 2026 Downloaded on : Wed Apr 22 03:04:24 IST 2026

NEUTRAL CITATION

C/CRA/645/2025 ORDER DATED: 30/03/2026

0.38759117502896845

further reliefs may kindly granted as deemed fit in the interest of Justice.”

2. Heard learned advocate Mr. Arjunsingh B. Chauhan

for the applicants.

3. Brief facts leading to the present petition reads as

under:

3.1 The plaintiff had filed a suit for declaration and permanent injunction against the defendants – present respondents praying for a relief that defendants be restrained from creating any hindrance /obstructions in the suit property and further prayed that defendants be restrained from demolishing toilet blocks, stair case. The prayers are also sought for to the effect that it be declared that defendants have no right of entering in the suit property and from withholding essential services. The suit was filed on 10.06.2024. The plaintiff had filed application under Section 6 of Specific Relief Act, 1963 – Exh.-11 was filed praying for restoration of possession of

Page 2 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Mon Apr 20 2026 Downloaded on : Wed Apr 22 03:04:24 IST 2026

NEUTRAL CITATION

C/CRA/645/2025 ORDER DATED: 30/03/2026

0.38759117502896845

suit property by alleging that on 11.06.2024, the day after the suit came to be instituted, defendants tress- passed into the suit property and started constructing

buildings and washrooms.

3.2 The learned Court below after hearing the parties rejected the application Exh.-11 on 30.04.2025. Being aggrieved and dissatisfied with the impugned order dated

30.04.2025, the petitioner / plaintiff is before this Court.

4. Learned advocate for the petitioner contended that after the institution of the suit, notice came to be issued. After the service of notice of plaint and injunction application, defendants on 11.06.2024 tress- passed into the suit property and started construction of buildings and washrooms. It is also the contention of the plaintiff that plaintiff is in possession of the suit land for more than 29 years and by removing plaintiffs from the possession of the suit land, possession rights have been destroyed. It is therefore submitted that the action

Page 3 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Mon Apr 20 2026 Downloaded on : Wed Apr 22 03:04:24 IST 2026

NEUTRAL CITATION

C/CRA/645/2025 ORDER DATED: 30/03/2026

0.38759117502896845

of dispossession has taken place during the pendency of the suit, therefore, the possession be restored to plaintiff.

No other submissions are canvassed except the above.

5. Having considered the submissions canvassed by the learned advocate for the petitioner as well as upon perusal of the record, it appears from the averments made in the plaint more particularly, para No.11 which is the cause of action, it is alleged by the plai