ANNAPURNABEN MAHENDRAKUMAR GOR Vs. VISHNUBHAI SHIVLAL NAGAR
LAWS(GJH)-2013-12-133
HIGH COURT OF GUJARAT
Decided on December 19,2013

Annapurnaben Mahendrakumar Gor Appellant
VERSUS
Vishnubhai Shivlal Nagar Respondents





Cited Judgements :-

BATUKBHAI GOPALBHAI PATEL VS. RAVJIBHAI BHANGAD UKABHAI RATHOD [LAWS(GJH)-2021-5-78] [REFERRED TO]


JUDGEMENT

R.D.KOTHARI, J. - (1.)THE petitioner original defendant challenges granting of interim injunction by first appellate court in favour of the respondents original plaintiffs.
(2.)SHORT question arises for consideration is consequence of alleged deviation from conditions of NA permission and deviation in plan which was submitted along with the application for NA permission.
Relevant facts are, thus; The respondents original plaintiffs claim to own plots around the suit plot. The suit plot is known as ' Devbhoomi Society Bungalows.' It is the say of the respondents that they were constructing their building on the faith and belief that no complex or flats would be constructed in the said society and no shareholder would put up any construction in contravention of layout plan submitted before the authority at the time of applying NA permission. It is the further say of the respondents that petitioner original defendant has illegally amalgamated four different plots into one plot. It is also the say of the respondents that easmentary rights would be seriously obstructed by the proposed construction of four storied building by the petitioner. Broadly on this pleading, the plaintiffs have instituted Regular Civil Suit No.62 of 2011 before the learned Principal Senior Civil Judge, Modasa. In the said suit, the plaintiffs have claimed relief in substance, it reads as under; It may be declared that in respect of the property mentioned in Para.3 i.e. suit property, defendant has no right to put up construction in violation of NA permission dated 2.4.2001 and also no right to put up construction in violation of layout plain attached with NA conditions dated 31.8.2001. That the suit property consists of Plot No.25, 26, 43 and 44 of part of Survey No.512 and its newly amalgamated plot is Plot No.25. That the defendant has no right to put up construction in violation of plan and conditions either on ground floor or of four storied flats. In this regard, the plaintiffs also pray for injunction.

(3.)THE defendant, in his reply, has denied all the assertions made by the plaintiffs in their pleadings.


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