GIRISH RAMANLAL VYAS Vs. SURESHBHAI KADVABHAI PATEL

JUDGEMENT

(1.) This petition is filed by the petitioner - original plaintiff, challenging the order passed by the 09 th Additional District Judge, Ahmedabad (Rural), dtd. 31/7/2017 rendered in Misc. Civil Appeal No.31 of 2017, whereby order passed below Exhibit -5 in favour of the petitioner - plaintiff directing to maintain status quo, came to be set aside.

(2.) The petitioner - plaintiff filed a suit being Special Civil Suit No.396 of 2009 for declaration to the effect that defendant Nos.1/1 to 1/7/4 have right and interest in the suit property, from whom, petitioner - plaintiff claims to have an agreement to sell dtd. 9/10/2006 for the suit property, which was already conveyed by registered sale deed prior to even agreement to sell for the suit property executed by the petitioner - plaintiff.

(3.) Surprisingly, the original affected parties have not filed the suit for claiming their share in the suit property and suit itself is filed by the present petitioner - plaintiff, based on agreement to sell in respect of the suit property, which is already sold by way of registered sale deed prior thereto. The Trial Court directed to maintain status quo with regard to the suit property, which came to be set aside by the Appellate Court at the instance of the original defendant Nos.8 to 11, in whose favour there is a sale deed executed by the other defendants.