PREMJI BHACHU BHUVA Vs. BHUVA RATNABHAI VISHRAM DHANJI

JUDGEMENT

(1.) The Petitioner / Original Appellant has filed this Petition under Articles 226 and 227 of the Constitution of India, challenging the order passed by the learned 5th Additional District Judge, Bhuj in Regular Civil Appeal No. 54 of 2016 dtd. 1/11/2021 confirming the order passed below Exh.5 in Regular Civil Suit No. 32 of 2015 by the learned 5 th Adhoc Additional Senior Civil Judge, Bhuj dtd. 30/3/2016, whereby the learned Judge has granted injunction to the Respondent No.1 (Original Plaintiff) and further directed the Petitioner and Original Defendants not to enter the land bearing Revenue Survey No. 487 of village Kera admeasuring 4 hector 61-34 G Are and not to take possession of the said suit property from the Respondent No.1 (Original Plaintiff).

(2.) Heard learned Advocate Mr. A.R.Thacker for the Petitioner. Though served, none has remained present on behalf of Respondent Nos. 1 and 2.

(3.) The facts of the case leading rise to the present Petition are that Respondent No.1 (Original Plaintiff) had filed Civil Suit No. 32 of 2015 in the Court of learned Principal Senior Civil Judge, Bhuj for permanent injunction against the Petitioner and Respondent Nos. 2 and 3 herein (Original Defendants) claiming therein that the land admeasuring 4 Hector 61 Are and 34 Sq. Me = 11 Acres and 16 Gunthas is of the ownership of Respondent No.1 (Original Plaintiff) and sought for permanent injunction against the Petitioner and Respondent Nos. 2 and 3 (Original Defendants). As per the case of the Respondent No.1 (Original Plaintiff), the said suit property bearing Old Survey No. 50 and New survey No. 487 was purchased by the husband of the Original Plaintiff on 25/2/1971 by registered sale-deed No. 210 of 1971. The Plaintiff submits that the suit is based upon sale deed dtd. 25/2/1971 but said document (sale deed dtd. 25/2/1971) is not placed on record and suppressed from the Court and not annexed along with plaint. That along with the Plaint, the Respondent No.1 (Original Plaintiff) also filed Application Exh.5 under Order 39 Rule 1 and 2 read with Sec. 151 of C.P.C. It is contended that the sale deed by which Original Plaintiff's husband purchased the land bearing Survey No.50 by registered sale deed which was registered on 2/3/1971 being Survey No. 210 of 1971 clearly mentions that the land admeasuring 6 acres only is purchased by Respondent No.1 husband and therefore the Respondent No.1 has a right upon 6 acres of land which her husband purchased by registered document dtd. 2/3/1971. It is also contended that the Petitioner has also produced registered sale deed of the land which was purchased by the Petitioner of Survey No.52 which was registered on 26/7/1974 vide Registration No. 1072. The Petitioner has purchased the said land from Kanbi Bachu Mavji Bhuva of Kera. The Petitioner does not claim any right over the land purchased by the Respondent No.1 (Plaintiff) by registered document dtd. 2/3/1971. The Respondent No.3 purchased the Survey No. 491 vide registered sale deed dtd. 20/1/1987 from Muli Karsan Rabadiya.