KESHAVBHAI GANDABHAI Vs. URMILAEN

JUDGEMENT

(1.) This Civil Revision Application is filed under Sec. 115 of the Code of Civil Procedure, 1908 ('the Code' for short). In this application, the applicants have challenged the order dated 01.08.2019 passed by the concerned Civil Court below Exh.45 in Special Civil Suit No.703 of 2014.

(2.) Heard Mr.Salil M. Thakore, learned advocate for the applicants. Though Rule is duly served to the respondents, they have not filed their appearance. As the matter is pending since 2019, the same is taken up for final hearing.

(3.) It is submitted by the learned advocate for the applicants that applicant No.1 is original defendant No.1 whereas applicant No.2 is original defendant No.12 in the Suit. It is submitted that present respondent No.1 - plaintiff has filed Special Civil Suit No.703 of 2014 before the concerned Civil Court against the present applicants and others for declaration, permanent injunction and for cancellation of registered Sale Deed dated 01.06.2005 entered into between original defendant No.2 and defendant No.1 (present applicant No.1). Learned advocate for the applicants has referred the averments made in the plaint and also referred the reliefs prayed for by the plaintiff in the said Suit. At this stage, Mr.Thakore, learned advocate, has also referred the documents, which are produced by the plaintiff along with the plaint. It is submitted that the original plaintiff has executed Power of Attorney in favour of defendant No.2 Harish Vallabhbhai and on the basis of the said Power of Attorney, defendant No.2 executed the registered Sale Deed in favour of present applicant No.1 - original defendant No.1. It is submitted that after registration of the Sale Deed, necessary entry was mutated in the revenue record. The original plaintiff raised an objection on 04.02.2011. The said objection is placed on record at Page-63 of the compilation. At this stage, it is contended that the plaintiff herein has placed the said objection along with the plaint. At this stage, it is further contended that thereafter, the plaintiff filed written complaint dated 03.03.2011 against the present applicants and original defendant No.2 before Police Inspector, Surat City. Copy of the said written complaint is placed on record at Page-67 of the compilation. Learned advocate has further pointed out from the record that public notice was also issued by the plaintiff through her Advocate on 20.03.2011. Copy of the said public notice is placed on record at Page-78 of the compilation.