VINUBHAI MOHANBHAI ZALAVADIYA Vs. DHULAJI SOMAJI THAKOR

JUDGEMENT

(1.) RULE. Learned Advocate, Mr.D.K. Puj waives service of rule on behalf of the Respondent Nos.1 to 5 and learned Advocate, Mr. Jigar Patel waives service of rule on behalf of the Respondent No.9.

(2.) This petition is filed under Article-227 of the Constitution of India for challenging the order dated 22-09-2020 passed below application Exh-10 and order dated 08-09-2020 passed below Exh-7 passed by the 11th Additional Senior Civil Judge, Gandhinagar in the proceedings of Special Civil Suit No. 96 of 2020. The Order below Exh-7 was passed on an application filed by the respondent Nos. 1 to 5 who are original plaintiffs in the Civil Suit for the purpose of carrying out panchnama by appointing the Court Commissioner. Thereafter, the petitioner-original Defendant No.13 filed an application Exh-10 with the prayer to recall the order dated 08-09-2020 passed below Exh-7. An application, Exh-10 came to be rejected, consequently, the Order passed below Exh-7 was confirmed. It is this issue which is the subject matter of challenge in this petition.

(3.) Learned Advocate for the petitioner submitted that it is the case of the petitioner that though the respondent Nos. 1 to 3 had executed the Sale Deed dated 11-05-2017 in favour of the petitioner, they proceeded to execute the Second Sale Deed of the same land in favour of the respondent No.4 and 5 and therefore, the petitioner had instituted the Special Civil Suit No.212 of 2019 against the respondent Nos.1 to 5 seeking declaration of the ownership of the land and cancelling of subsequently executed Sale Deed dated 10-07-2019.