BHIKHIBEN D/O MANIBEN Vs. NARSINBHAI JERAMBHAI PATEL

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of challenging legality and validity of an order passed by the learned 2nd Additional Civil Judge, Surat below Exhibit-6 in Darkhast Application No.17 of 2018, dated 14.08.2019.

(2.) The facts, in brief, are :

(3.) Mr.S.P. Majmudar, learned advocate appearing for the petitioners has vehemently contended that a serious fraud is committed with the petitioners with respect to their valuable property which is under their occupation right from day one. All these petitioners are physically in possession of not only the suit land but also residing actually in their respective houses situated over the said land in question. According to Mr.Majmudar, while executing a sale document, a wrong survey number is mentioned. Not only that, there is no mention about the houses which are situated over the land. A fraudulent document is executed without their being mention about payment of consideration and instead of Survey No.194/2, reference is made about Survey No.194. So, a serious mischief is committed with the petitioners.