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Judgment
Bhargav D. Karia, J
Heard learned advocate Mr.A.R.Thacker for the applicants, learned Assistant Government Pleader Mr.Kurven Desai, learned advocate Ms.P.J.Davawala and learned advocate Mr.D.S.Vasavada for the respective respondents.
These applications are filed by the applicants who are legal heirs of Natha Bijal Vaghri-original respondent No.6 in Company Application No.348 of 2016 who was represented through legal heirs in the Company Application filed by Textile Labour Association, Ahmedabad.
The delay in preferring this application i.e. Misc. Civil Application No.1 of 2021 is condoned as well as the applicants are granted leave to file the Misc. Civil Application No.1 of 2021 and accordingly, Civil Application Nos.2 of 2021 and 3 of 2021 are disposed of considering the facts of the case.
3.1. Learned advocate Mr.A.R.Thacker submitted that by order dated 26th October, 2021, this Court directed the Official Liquidator of M/s.Maheshwari Mills Limited (in liquidation) to take over the possession of the land of respondent No.6.
3.2. Learned advocate Mr.Thacker for the applicants submitted that the order passed by this Court on 26th October, 2021 is contrary to the facts on record in asmuch as the applicants who are occupier of 100 Sq. Yards of land situated at Survey No.306 are holding the permanent lease from the Company in liquidation since their forefathers. It was submitted that the prayers made by the applicant of Company Application No.348 of 2016 relates to the order dated 12.07.2011 passed by this Court in First Appeal No.63 of 1990 and confirmed by the Supreme Court vide order dated 02.09.2013. Learned advocate Mr.Thacker invited the attention of the Court to the order passed by the City Civil Court in Civil Suit Nos. 3094 of 1981 and 1827 of 1983 dated 14th September, 1989 which was confirmed by this Court in Appeal Nos. 62 of 1990 and 63 of 1990 and submitted that the City Civil Court as well as this Court has not disturbed or altered the possession of 100 Sq.Yards of land of Survey No.306 as pointed out by the report of the District Inspector of Land Records submitted on record pursuant to the order passed by this Court and therefore, the order dated 26.10.2021 passed in Company Application No.348 of 2016 is required to be recalled and the possession of the applicants is required to be restored forthwith.
4.1. On the other hand, learned advocate Ms.Davawala as well as learned advocate Mr.Vasawada appearing for the respective respondents submitted that till date it was not possible to know the exact location of the land occupied by the applicants as the applicants never appeared before this Court in spite of the fact of the pending application known to the applicants since 2018. It was further submitted by learned advocate Mr.Vasawada that the representative of the applicant-Textile Labour Association tried their best to serve the notice issued by this Court upon the applicants and in spite of the same, the applicants did not consider it appropriate to approach this Court.
4.2. Learned advocate Ms.Davawala further submitted that the Official Liquidator was bound by the order of this Court and therefore, in spite of the receipt of the application from the applicant, the possession is taken over on 26.11.2021.
Having heard the learned advocates for the respective parties, it appears that this Court passed the order dated 26.10.2021 considering the DILR report produced on record and considering the facts, it was observed that though the legal heirs of the respondent No.6 are served, they have chosen not to appear before this Court and accordingly, considering the further affidavit of one Chandubhai Thakore filed before this Court, the Official Liquidator was directed to take the possession of the land occupied by the applicants.
Considering the submissions made on behalf of the learned advocate Mr.Thacker and after going through the order passed by the Civil Court in Civil Suit Nos. 3094 of 1981 and 1827 of 1983 which was produced on record by learned advocate Mr.Thacker during the course of hearing, it has become clear that the applicants are occupier of land admeasuring 100 Sq.Yards of Survey No.306 as described in report of the DILR on the basis of the permanent lease executed in favour of the forefathers of the applicants which is not disturbed by the Civil Court in the aforesaid judgement and decree whereby, the Civil Suits filed by the ancestrals of the applicants were dismissed and in the the appeal arising out of such judgment and decree, the same is confirmed by this Court. It is therefore clear that the 100 Sq.Yards of the land upon which the applicants were having their huts has never been disturbed either by the Civil Court or by this Court or by the Apex Court in any manner whatsoever.
In view of the above, the order dated 26.10.2021 whereby, the direction given to the Official Liquidator to take the possession of the land which is occupied by the legal heirs of the late Natha Bijal Vaghri located in Tavdipura Area is hereby recalled. The Official Liquidator is further directed to handover the possession of the land of 100 Sq.Yards as per the lease deed in favour of the applicants during the course of the day and file a report such action of restoration of possession by 3rd December, 2021. The applications are accordingly disposed of.