ASHISHSINH DOLATSINH RANA Vs. JASHVANTLAL NANCHAND SHAH

JUDGEMENT

(1.) Being aggrieved and dissatisfied by impugned Order dtd. 17/3/2020 passed below Exh-5 by the learned Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Olpad in Special Civil Suit No. 18 of 2019, the original defendant Nos. 2 and 3 have preferred this Appeal from Order under Order 43, Rule 1 of the Code of Civil Procedure, 1908.

(2.) By the impugned order the trial Court has restrained the present Appellants - original defendant Nos. 2 and 3 from selling, transferring, alienating the suit property in question. 3. The brief facts of the case, as narrated by the appellants herein is that the agricultural land of Block No. 121 ad-measuring 1/22/42 Hec-Acre-Sq. Mtr. situated at village Kathodara, Taluka : Olpad, District: Surat was belonging to respondent No.1 (original plaintiff). The said land in question came to be sole by original owner to respondent No.2- original defendant No.1 by registered sale-deed dtd. 25/1/2018. The same was registered vide Registration No. 1447 before the Sub-Registrar, Olpad and Mutation entry in Revenue Record came to be entered vide Entry No. 7132 dtd. 26/2/2018, which came to be certified on 30/5/2018.

(3.) The said land came to be purchased by the present Appellants - original defendant Nos. 2 and 3 from respondent No.2- defendant No.1 vide Registered sale-deed dtd. 3/7/2018 by paying sale consideration of Rs.40.00 Lakh and same was duly registered vide registration No. 11639 before the Office of Sub-Registrar, Olpad and the same came to be mutated in the revenue record vide Entry No. 7140 dtd. 3/7/2018 and came to be certified on 7/8/2018. According to the Appellants, thus they became legal owners and occupier of the land in question.