Solanki Ukabhai Talsibhai vs Rasikbhai Valjibhai Dabhi (Decd.) Through Legal Heirs and Others

Rajesh H. Shukla, J.—Rule. Learned counsel, Shri J.V. Vaghela appearing for learned counsel, Shri R.J. Goswami for the respondent waives service of notice of rule. Present Civil Application has been filed by the applicant-original plaintiff for the prayer as prayed for in Para No. 3 of the application.

Heard learned counsel, Shri Vikram Thakor for the applicant and learned counsel, Shri J.V. Vaghela appearing for learned counsel, Shri R.J. Goswami for the respondent.

In view of the contentions raised by both sides with regard to the execution of the banakhat as well as contention raised by learned counsel, Shri Vaghela for the respondent with regard to the contention raised in the written statement on one hand and in view of the contention raised by learned counsel, Shri Thakor for the applicant referring to the affidavit of the witness as well as the statement before the Police and other aspect, prima facie the possession of the land in question is not established by the applicant-plaintiff. Therefore, the impugned order referring to the prima facie evidence with regard to the possession of the applicant-plaintiff is maintained. However at the same time, to protect the land in question as it is and to avoid any further complication or multiplicity of proceeding, the status quo is required to be maintained. Therefore, the respondent shall maintain the status quo with regard to the land in question and shall not transfer the land in any manner nor shall create any encumbrances or charge over the land in question till final hearing and disposal of the aforesaid Appeal from Order. Accordingly, the present Civil Application stands allowed. Rule is made absolute to the aforesaid extent.