Yogesh Vitthalbhai Zaveri v. Kausabai & Ors.
Case at a glance
Outcome
Allowed
10957/2009, the present application is allowed and
Provisions considered
Key paragraphs
- Para 22. The ad-interim relief, in fact, tantamounts to ( 2 ) temporary injunction restraining the applicant from alienating/transferring rest of the plots which are part of Survey No. 61/2. The applicant has filed copy of the original application filed by the petitioners in the office…
Judgment
Mr. S.V. Gangapurwala, advocate for the applicant. None for the respondents. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 4th February, 2010] PER COURT :
This is an application filed by the respondent No. 2 for vacating interim relief granted by this Court, while issuing Rule. Considering the order dated 24-09-2009, whereby the interim relief was granted, it appears that the applicant was not heard and it was exparte order. In such a situation, it will have to be deemed as an “ad-interim relief” instead of “interim relief”.
Operative part
The ad-interim relief, in fact, tantamounts to ( 2 ) temporary injunction restraining the applicant from alienating/transferring rest of the plots which are part of Survey No. 61/2. The applicant has filed copy of the original application filed by the petitioners in the office of the Deputy Collector (L.R.), Aurangabad seeking relief of summary eviction under section 98 of the Hyderabad Tenancy and Agricultural Lands Act, 1950. The entire gamut of the application would show that they sought eviction of the applicants (respondents No. 1 and 2 in the writ petition) in respect of land Survey No. 61/1, admeasuring 10 acres and prayed for restoration of the same. There is no whisper about land Survey No. 61/2. The areas of both these lands are also different. Survey No. 61/1 is distinct from Survey No. 61/2 which admeasures 17 acres 20 gunthas as per the entries in the 7/12 record. There are no specifications of the 10 acres area of Survey No. 61/1. The petitioner did not file any objection when the N.A. permission was sought. Considering these aspects and also for the reasons, which are already recorded while vacating the interim relief as per order dated 15-10-2009 rendered by the learned Single Judge (Tated, J.) in civil application ( 3 ) No. 10957/2009, the present application is allowed and the interim relief is vacated as prayed for. NPJ/ca12942-09 [ V.R. KINGAONKAR ] JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: 10957/2009, the present application is allowed and
Which statutory provisions did this judgment involve?
Hyderabad Tenancy and Agricultural Lands Act, 1950 — s. 98.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.