JILUBHAI JAMUBHAI Vs. BAHADURBHAI JAMABHAI

JUDGEMENT

(1.) The present appeal has been filed against the order dated 12th June, 2019 passed by the learned Senior Civil Judge, Sanand below Exhibit 58 whereby, the application Exhibit 58 filed by the respondent No.6 under the provisions of Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") has been allowed. By virtue of the order dated 12th June, 2019 the Regular Civil Suit filed by the appellant, came to be rejected on the ground that the same is barred by limitation.

(2.) The appellants herein i.e. the original plaintiffs (hereinafter referred to as "the appellants") have instituted the Special Civil Suit No.244 of 2017 (old Special Civil Suit No.699 of 2011) against the respondents i.e. the original defendants (hereinafter referred to as "the respondents") before the court of learned Senior Civil Judge, inter alia, for declaration, declaring the registered sale deed dated 2nd August 1982 as well as the subsequent registered sale deeds executed in favour of respondents No. 4 and 5 and respondent No.6 in the year 1993 and 2008 respectively, as null and void. The appellants have also prayed for permanent injunction against the respondents.

(3.) The case of the appellants is that the appellants are the original owners of block No.1036 admeasuring 20538 square meters of land including the land of kharaba (hereinafter referred to as "the land in question"). According to the appellants, the respondents No. 1 and 2 being mother and elder brother respectively of the appellants had executed the registered sale deed dated 2nd August, 1982 with respect to the land in question in favour of the respondent No.3, when the appellants were minor. The respondents No. 1 and 2 being the guardians of the appellants, have executed the said sale deed with respect to the land in question without their permission, where, the appellants were having undivided share and which could not have been sold by the respondents No. 1 and 2 in favour of the respondent No.3.