RASIKLAL CHHAGANLAL PATEL Vs. KANTILAL CHHAGANLAL PATEL

JUDGEMENT

(1.) THE present Second Appeal under section 100 of the Code of Civil Procedure has been preferred by the appellant herein � original plaintiff to quash and set aside the judgement and decree dated 31/03/2010 passed by learned Principal Senior Civil Judge, Ankleshwar in Special Civil Suit No.55 of 2005 as well as impugned judgement and order dated 10/04/2012 passed by learned Additional District Judge, Bharuch in Regular Civil Appeal No.22 of 2010, by which, learned Trial Court has dismissed the said suit preferred by the appellant herein � original plaintiff, which has been confirmed by learned Appellate Court.

(2.) APPELLANT herein � original plaintiff instituted Special Civil Suit No.55 of 2005 against the respondents herein � original defendants in the Court of learned Principal Senior Civil Judge, Ankleshwar for partition of the suit property as well as for recovery of the possession.

(3.) MR.S.P.Majmudar, learned advocate appearing on behalf of the appellant herein has relied upon decision of the Hon'ble Supreme Court in the case of State of Gujarat V/s. Narges K. Panthaky reported in 1996(1) SCC 298 by submitting that as held by Hon'ble Supreme Court if the document with respect to transfer/partition is not registered, the same cannot be relied upon and owner is not divested of right, title and interest in the land. By making above submissions and relying upon above decision, it is requested to allow the present second appeal.