CHAMPAKLAL GIRDHARLAL Vs. GOVINDBHAI KHIMJIBHAI BHARWAD

JUDGEMENT

(1.) THE challenge in this petition is to the order dated 20.03.2012, passed by the learned 4th Additional Senior Civil Judge, Surat ("the Trial Court" for short) below the application at Exhibit101, in Regular Civil Suit No.541/2008, whereby, the said application filed by the petitioner for being joined as party defendant to the suit, has been rejected.

(2.) BRIEFLY stated, the facts of the case, relevant for the decision of the petition are that the original plaintiffs, respondents Nos.1 to 6 herein filed the abovementioned suit against respondents Nos.7 to 10 herein, (defendants in the suit) interalia, praying for a declaration to the effect that they are the owners of the suit property and that the defendants should give clear title and peaceful possession of the suit property to them. It is further prayed that respondents Nos.7 to 9 herein (defendants Nos.1 to 3) should be restrained from giving the possession of the suit property to any other person. Respondents Nos.7 to 9 were originally the owners of the suit property. The said respondents had taken a loan from Vanj Seva Sahkari Mandali Limited by mortgaging the suit property. As the loan was not repaid by them, the property came to be sold through public auction, on 29.04.1975. Respondent No.10 (defendant No.4) purchased the suit property in the public auction for a consideration of Rs.3,75,000/. Mutation entries were effected in the revenue records and the name of respondent No.4 was entered therein. Respondent No.4 formed plots on the land and obtained permission to construct thereupon from the Gram Panchayat, on 06.02.1981. The plots were thereafter allotted to various persons.

(3.) RESPONDENTS Nos.1 to 6 (the plaintiffs) filed the suit for obtaining a clear and marketable title and vacant possession of their plots from respondents Nos.7 to 10 and for restraining respondents Nos.7 to 9, from creating third party rights over the suit property. In the above background, the petitioner filed the application at Exhibit101, that has been rejected vide the impugned order, giving rise to the filing of the present petition.