DHARTIBEN KEYURBHAI JOSHI Vs. PATEL ARJANBHAI NARANBHAI

JUDGEMENT

(1.) Present petition under Articles 226 and 227 of the Constitution of India is preferred to challenge the order dated 23.2.2021 below Exh.55 passed by learned Principal Senior Civil Judge, Viramgam in Special Civil Suit No. 12 of 2012. The learned Trial Judge, vide impugned order dated 23.2.2021 below Exh.55 in Special Civil Suit, has rejected the application of the petitioner - original defendant No.2 to raise additional issues. The petitioner is the original defendant No.2 while respondent Nos. 1 and 2 are the original plaintiffs and the respondent Nos. 3 to 4.5 are the original defendants.

(2.) The skeleton facts necessary for disposal of present petition are that the respondent Nos. 1 and 2 herein have instituted suit being Regular Civil Suit No. 12 of 2012 against present petitioner and respondent No.3 to 4.5 in the Court of learned Principal Senior Civil Judge, Viramgam for specific performance of Agreement to Sell dated 21.7.2009 and to receive compensation under Land Acquisition Act as per the said Agreement. Learned Trial Judge has, on the basis of the pleadings of the parties has framed two issues namely whether the plaintiffs (respondent Nos. 1 and 2) are entitled to receive compensation on the basis of Agreement to Sell dated 21.7.2009 and whether the said respondents / plaintiffs are entitled to specific performance of the said Agreement.

(3.) The petitioner preferred Exh. 55 Application to raise additional issues to the effect whether the plaintiffs i.e. respondent Nos. 1 and 2 have proved that they are entitled to receive compensation under the Land Acquisition Act or not.