VASUDEVBHAI KEDARMAL AGRAWAL Vs. MUKESHBHAI AMRUTLAL PATEL

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioners seeking direction to set aside the order dtd. 6/7/2019 passed by the Circle Officer, Sola by which he had certified the entry No.3124 in connection with survey/bloc No.216 of village Chharodi, Taluka: Ghatlodiya.

(2.) It appears that by the impugned certification of the aforesaid entry, an order dtd. 9/3/2019 passed in Regular Civil Suit No.32 of 2019 by the Principal Senior Civil Judge, Ahmedabad Rural was confirmed.

(3.) Learned advocate has made attempt to convince the Court that such entry is required to be set aside and the order certifying such entry is also required to be interfered with as the order dtd. 9/3/2019 in the Regular Civil Suit No.32 of 2019 is an order which is obtained fraudulently. It is submitted that though the petitioners have right, title and interest in the land bearing aforesaid survey number, behind the back the private respondents, have entered into some kind of agreement and have compromised the civil suit in connection of which, the entry is made and certified. Learned advocate has emphasized that the entire proceedings would stand vitiated as any action taken pursuant to such fraudulent act cannot be given any support by the State machinery. He has also placed reliance on the decision of the Apex Court in case of Ram Chandra Singh v/s. Savitri Devi, reported in 2003 (8) SCC 319 to emphasis his argument that fraud vitiates everything. No other point is argued by learned advocate for the petitioners.