1. The petitioners are the siblings of the original complainant-Respondent No.2. In relation of the property left by their deceased mother, the power-of-attorney was given to Petitioner No.4. In Civil Misc. Application No. 28 of 2005, the learned 6th Additional Sr. Civil Judge, Rajkot, on 27.03.2006, had granted the letter of administration in favour of Petitioner No.4 for and on behalf of rest of the siblings. It was a joint decision to transfer the property in the name of Petitioner No.3.
2. Learned Advocate, Mr. Bharda, has also pointed out to this court the communication by Respondent No.2 dated 08.01.2015. He has urged that he has also filed a suit being Special Civil Suit No. 201 of 2015 before the learned Sr. Civil Judge, Rajkot, for the very prayers for Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat May 07 04:33:10 IST 2016 R/CR.MA/10363/2016 ORDER which he has filed a complaint after nearly 10 years.
3. Issue urgent NOTICE, returnable on 13TH JUNE, 2016.
4. In the meantime, there shall be NO COERCIVE steps taken against the petitioners, herein. The decision of the Apex Court rendered in the case of "JOGINDER KUMAR VS. STATE OF UTTAR PRADESH", (1994) 4 SCC 260, shall be scrupulously followed by the concerned investigating officer. Direct service is permitted, TODAY. Respondent No.2 is permitted to be served through the concerned police station.
(MS SONIA GOKANI, J.) UMESH Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat May 07 04:33:10 IST 2016