IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 326 of 2026 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2026 In R/FIRST APPEAL NO. 326 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No ✔

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

LEGAL HEIRS OF DECEASED MANILAL JETHABHAI VAGHARI & ORS.

Versus THE STATE OF GUJARAT,THROUGH COLLECTOR & ORS.

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

Appearance:

MR JAY SNEHAL SHAH(13391) for the Appellant(s) No.

1,1.1,1.2,1.3,1.3.1,1.3.2,1.3.3,1.3.4,1.4,1.5,1.6,1.7,1.7.1,1.7.2,1.7.3,1.7.4,1.8, 1.9 MR MANAN B PANDYA(12491) for the Appellant(s) No.

1,1.1,1.2,1.3,1.3.1,1.3.2,1.3.3,1.3.4,1.4,1.5,1.6,1.7,1.7.1,1.7.2,1.7.3,1.7.4,1.8, 1.9 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 12/03/2026

JUDGMENT

1. The present appeal is filed by the appellant-original plaintiff challenging the judgment and decree passed by learned City Civil and Session Court at Ahmedabad in Civil Suit No. 1736 of 2004 dated 05.01.2026 whereby, the suit filed by the present plaintiff seeking permanent injunction over the suit property came to be dismissed.

2. Factual matrix:

2.1. It is the case of the plaintiff that the suit property situated at Maninagar, Kankaria Road bearing T.P.No.4, Final Plot No.70, “Christian Graveyard” (hereinafter referred to as the “suit property”), having total measurement of 4948 sq.mtrs., was owned by the father of the plaintiff namely Late Shri Jethabhai Bhagabhai Vaghri since the year 1935. The said land was not much developed and there was no construction upon it. The father of the plaintiff died in the year 1976 and during the lifetime, he constructed two houses on the said land, thereafter plaintiff constructed four additional houses on the said land about 40 years ago. In all, six residential houses are situated on the said property, wherein the plaintiff and their sons are residing. Prior to the year 1935, the land was used by the Christian community as Christian graveyard however, after the year 1935, it was no longer used as graveyard by the Christian community, accordingly the land has been in possession of the plaintiff and continued to remain in the possession, after the death of the father, in the year 1976. It is further case of the plaintiff that on the survey being carried out by the Ahmedabad City Survey Officer during the year 1983 to 1986, the land was registered in the name of the plaintiff in the revenue record and the plaintiff was paying tax as well as bills towards the electricity connection. It is submitted that Circle Officer as well as Talati of the State, with intention to grab the possession over the suit property and to snatch away the right over the suit property, and under apprehension of the same, Civil Suit No.125 of 2004 was filed before the land City Civil Court. The same was withdrawn on account of the fact that notice was defective and after issuance of the statutory notice, again the present suit came to be filed seeking permanent injunction over the suit property. It is submitted that no trust situated on the suit property only two terms of the said properties are there and except the same, 6 other houses of the plaintiffs are situated and claiming the adverse possession of the suit property, the instant suit came to be filed.

2.2. On being summoned, the State appeared and filed objections vide Exh.20 and submitted that the plaintiff had not joined necessary party to the Christian community and had encroached the suit property by constructing huts using 5,000 sq.mtr. It is submitted that the property originally belonged and owned by the State government, out of which 4948 sq.mtrs. were allotted for the purpose of Christian graveyard and as the plaintiff is the encroacher over the suit property, no relief can be granted in his favour. Thereafter, the defenda