FATESANG BABARBHAI GOHEL Vs. GHANSHYAMBHAI RAMESHBHAI PATEL

JUDGEMENT

(1.) This Special Civil Application lays challenge to the order dtd. 23/7/2015 passed by the trial court in Regular Civil Suit No.318 of 2015 (old Special Civil Suit No.73 of 2014) and order dtd. 16/12/2016 passed in Misc. Civil Appeal No.87 of 2015.

(2.) I have heard the arguments of Shri Hemang Parikh, learned counsel appearing for the petitioner and Shri Jigar Patel, learned counsel appearing for respondent Nos.1 and 2. Respondent No.3 is served and unrepresented.

(3.) The petitioner filed Civil Suit No.73 of 2014 on the file of learned Civil Judge, Anand, claiming share in the suit scheduled property and challenging the Sale Deed dtd. 21/12/2013 executed by the plaintiff in favour of defendant Nos.1 and 2 on the ground that the so-called power of attorney is a forged document and on the said forged power of attorney, the sale deed has been executed. For withdrawal of the said suit, an application was filed which came to be numbered as Exhibit-13. The said application was filed on 14/5/2014. However, on the very next day i.e. on 15/5/2014, a purshis was filed to withdraw the withdrawal application and the said purshish was numbered as Exhibit-16. On 23/7/2015, an order came to be passed below Exhibit-13 allowing the same and permitted the plaintiff to withdraw the suit and a separate order was passed on purshis at Exhibit-16 on the same day rejecting the same on the ground that there is no plausible explanation offered by the plaintiff to accept the contents of the memo for purshis filed seeking withdrawal of Exhibit-13.