MARIYA W/O FAIYAZ BOLTWALA vs HITENDRA URFE HITESHKUMAR NANALAL RANA Advocate - S.P.JOSHI — 55/2019

Case under Code of Civil Procedure Section 9. Disposed: Contested--JUDGEMENT on 04th May 2026.

Case disposed

RCS - REGULAR CIVIL SUIT

CNR: GJLV020017082019

Filing Number

55/2019

Filing Date

28-Aug-2019

Registration No

55/2019

Registration Date

28-Aug-2019

Court

TALUKA COURT, LUNAWADA

Judge

1-Principal Senior CIVIL Judge & Addl. CJM

Decision Date

04-May-2026

Nature of Disposal

Contested--JUDGEMENT

Last updated 19-Jun-2026

Acts & Sections

Code of Civil Procedure Section 9

Petitioner(s)

  1. 1.MARIYA W/O FAIYAZ BOLTWALA

    Adv. H.A.MOJANIDAR

  2. 2.FATEMA D/O FAIYAZ BOLTWALA

    Adv. H.A.MOJANIDAR

  3. 3.HUSAIN FAIYAZ BOLTWALA

    Adv. H.A.MOJANIDAR

Respondent(s)

  1. 1.HITENDRA URFE HITESHKUMAR NANALAL RANA Advocate - S.P.JOSHI

  2. 2.DAXESH URFE HIRANKUMAR NANALAL RANA

    Adv. S.P.JOSHI

  3. 3.TRUNAL URFE VINAYAK NANALAL RANA

    Adv. S.P.JOSHI

  4. 4.CHIEF OFFICER SHREE,LUNAWADA NAGARPALIKA

Case History

  1. Case disposedDisposed

  2. 04-May-2026

    Judegement

    Case Summary: RCS 55/2019 Court's Decision: The court dismissed the petitioners' suit seeking a declaration that they own Plot No. 20 (99.93.75 sq.m.) in Lunavada and a permanent injunction restraining respondents from encroaching on or constructing on their property. The court also revoked an interim injunction previously granted in favor of the petitioners. Key Reasoning: The court found that while petitioners established ownership of Plot No. 20 through registered sale deeds, they failed to prove that respondents had actually encroached upon or constructed on their plot. The court noted petitioners' reliance on a power-of-attorney holder's testimony rather than personal testimony was insufficient, and the City Survey map lacked necessary authentication. Critically, respondents denied any encroachment, and the court determined petitioners provided no concrete evidence of defendants' construction on their specific property, thereby failing to meet the burden of proof required for the relief sought. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 04-May-2026

    Disposed

    Principal Senior CIVIL Judge & Addl. CJM

  4. 27-Apr-2026

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  5. 20-Apr-2026

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  6. 18-Apr-2026

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  7. 09-Apr-2026

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  8. 25-Mar-2026

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  9. 17-Mar-2026

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  10. 07-Mar-2026

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  11. 23-Feb-2026

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  12. 18-Feb-2026

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  13. 29-Jan-2026

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  14. 13-Jan-2026

    Defendant Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  15. 30-Dec-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  16. 09-Dec-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  17. 20-Nov-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  18. 10-Nov-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  19. 16-Oct-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  20. 03-Oct-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  21. 16-Sep-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  22. 06-Sep-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  23. 28-Aug-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  24. 21-Aug-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  25. 11-Aug-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  26. 02-Aug-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  27. 17-Jul-2025

    Plaintiff Evidence

    Principal Senior CIVIL Judge & Addl. CJM

  28. 19-Jun-2025

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  29. 29-Apr-2025

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  30. 07-Apr-2025

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  31. 21-Feb-2025

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  32. 21-Jan-2025

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  33. 26-Dec-2024

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  34. 10-Dec-2024

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  35. 07-Nov-2024

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  36. 30-Sep-2024

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  37. 06-Sep-2024

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  38. 08-Aug-2024

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  39. 08-Jul-2024

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  40. 14-Jun-2024

    Summons - Notice

    Principal Senior CIVIL Judge & Addl. CJM

  41. 26-Apr-2024

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  42. 29-Mar-2024

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  43. 01-Mar-2024

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  44. 16-Feb-2024

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  45. 25-Jan-2024

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  46. 04-Jan-2024

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  47. 07-Dec-2023

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  48. 09-Nov-2023

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  49. 20-Oct-2023

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  50. 17-Oct-2023

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  51. 20-Sep-2023

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  52. 23-Aug-2023

    Summons - Notice

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  53. 04-Aug-2023

    Plaintiff Evidence

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  54. 20-Jul-2023

    Plaintiff Evidence

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  55. 27-Jun-2023

    Plaintiff Evidence

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  56. 06-Jun-2023

    Plaintiff Evidence

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  57. 02-May-2023

    Plaintiff Evidence

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  58. 11-Apr-2023

    Plaintiff Evidence

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  59. 13-Mar-2023

    Plaintiff Evidence

    Chief Judicial Magistrate & Addl. Sr. CIVIL Judge

  60. 20-Feb-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  61. 30-Jan-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  62. 09-Jan-2023

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  63. 19-Dec-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  64. 14-Nov-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  65. 03-Oct-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  66. 12-Sep-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  67. 08-Aug-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  68. 11-Jul-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  69. 13-Jun-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  70. 10-May-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  71. 21-Apr-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  72. 16-Mar-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  73. 22-Feb-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  74. 25-Jan-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  75. 06-Jan-2022

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  76. 20-Dec-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  77. 01-Dec-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  78. 17-Nov-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  79. 28-Oct-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  80. 18-Oct-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  81. 07-Oct-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  82. 16-Sep-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  83. 31-Aug-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  84. 04-Aug-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  85. 13-Jul-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  86. 17-Jun-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  87. 22-Apr-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  88. 03-Apr-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  89. 20-Feb-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  90. 30-Jan-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  91. 06-Jan-2021

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  92. 10-Dec-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  93. 24-Nov-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  94. 16-Oct-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  95. 11-Sep-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  96. 11-Aug-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  97. 14-Jul-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  98. 19-Jun-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  99. 21-Apr-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  100. 21-Mar-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  101. 29-Feb-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  102. 05-Feb-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  103. 04-Jan-2020

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  104. 21-Dec-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  105. 18-Dec-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  106. 11-Dec-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  107. 18-Nov-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  108. 14-Oct-2019

    Plaintiff Evidence

    Principal Senior CIVIL Judge

  109. 09-Oct-2019

    Order On Injuction Application

    Principal Senior CIVIL Judge

  110. 03-Oct-2019

    Summons - Notice

    Principal Senior CIVIL Judge

  111. 25-Sep-2019

    Summons - Notice

    Principal Senior CIVIL Judge

  112. 17-Sep-2019

    Summons - Notice

    Principal Senior CIVIL Judge

  113. 09-Sep-2019

    First hearing

    Initial hearing scheduled

  114. 28-Aug-2019

    Case filed

    Registration No. 55/2019

casestatus.in Summary

Case Summary: RCS 55/2019 Court's Decision: The court dismissed the petitioners' suit seeking a declaration that they own Plot No. 20 (99.93.75 sq.m.) in Lunavada and a permanent injunction restraining respondents from encroaching on or constructing on their property. The court also revoked an interim injunction previously granted in favor of the petitioners. Key Reasoning: The court found that while petitioners established ownership of Plot No. 20 through registered sale deeds, they failed to prove that respondents had actually encroached upon or constructed on their plot. The court noted petitioners' reliance on a power-of-attorney holder's testimony rather than personal testimony was insufficient, and the City Survey map lacked necessary authentication. Critically, respondents denied any encroachment, and the court determined petitioners provided no concrete evidence of defendants' construction on their specific property, thereby failing to meet the burden of proof required for the relief sought. This case analysis is maintained by casestatus.in based on publicly available court records.

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