SHIVSHAKTI ASSOCIATION Vs. JAYANTIBHAI BACHUBHAI PATANI

JUDGEMENT

(1.) THIS appeal is preferred under section 104 read with Order XLIII of the Code of Civil Procedure challenging the order passed by learned Judge City Civil Court at Ahmedabad in Notice of Motion below Exhibit 6 and 7 in Civil Suit No. 2348 of 2007 dated 1st March 2011.

(2.) FOLLOWING factual background will be important to comprehend the dispute between the parties :

(3.) THE Notice of Motion below Exh. 6 and 7 in Civil Suit No. 2348 of 2007 came to be decided by the Chamber Judge vide its order dated 1st March 2011 partly allowing Notice of motion and restraining the appellant defendant from taking possession of the suit property in any manner without due process of law till final disposal of the suit. The impugned order is challenged in this appeal mainly on the ground that the registered sale deed executed on 17th July 1992 was validly executed and payment of full consideration is challenged after lapse of many years. The father of the respondentplaintiff died on 28th December 2002 and till then no dispute was raised. It is further contended that the respondent himself had given consent to the sale of the land in favour of the appellant.