NATWARLAL SHIVLAL THAKKAR Vs. SPECIAL SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) This Letters Patent Appeal is filed against the judgment and order dated 01.08.2016 passed by the learned Single Judge in Special Civil Application No.17393 of 2011 whereby the writ petition filed by the Appellants-Petitioners was dismissed with the direction that the disputed revenue entry made in favour of Respondent Nos.2 to 8 shall be subject to the final outcome of the Civil Suits pending between the parties.

(2.) The the land bearing Block No.1, situated at Village : Jolapur, Taluka : Sanand, Account No.410, was originally owned by one Thakkar Shivlal Chaturbhai, father of Appellant No.1-Petitioner No.1. The said Thakkar Shivlal Chaturbhai passed away on 24.12.1979. Upon his death, the names of his two sons and one daughter were added as the legal heirs; however, the daughter of the deceased gave away her right in respect of the land in question and therefore, the names of his two sons, the Appellant No.1-Petitioner No.1, Thakkar Natwarlal Shivlal and Thakkar Ratilal Shivlal, were mutated in the revenue records. The said Thakkar Ratilal Shivlal died on 29.12.1989.

(3.) It also appears from the record that three different Civil Suits were filed by the Respondents - Legal Heirs of deceased Thakkar Ratilal Shivlal, wherein the sale deed dated 02.05.2006 executed in favour of Appellant No.2-Petitioner No.2 was challenged. We are informed that out of the three Civil Suits, Civil Suit No.139 of 2006 [Yogesh Ratilal Thakkar v. Natvarlal Shivlal] has been dismissed by the trial Court concerned on 11.04.2014. Civil Suit No.453 of 2007 (New No.25 of 2017) [Pritiben Ratilal Thakkar v. Natvarlal Shivlal Thakkar] is pending hearing. The third suit being Civil Suit No.437 of 2008 [Ghanshyam Ratilal Thakkar v. Natvarlal Thakkar] has been dismissed for default on 29.01.2021.