VINAYKUMAR MAGANBHAI PATEL Vs. RAMESHCHANDRA

JUDGEMENT

(1.) THE present Appeal from Order has been filed by the appellants-original defendants being aggrieved with the impugned order passed below Exh.5 in Special Civil Suit No.137 of 2012 by the 16th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat dated 13.09.2012 on the grounds set out in the memo of Appeal from Order.

(2.) HEARD learned Advocate Ms.Varsha Brahmbhatt for the appellants-original defendants and learned Advocate Shri Viral Shah for respondent.

(3.) PER contra, learned Advocate Shri Viral Shah for the respondent pointedly referred to the signature, obtained by the appellants and submitted that the respondent is not residing in India and the signature has been obtained on the ground that it is for partition deed, though, in fact released deed has been executed and filed by which the rights of the respondent have been relinquished. Therefore, he further submitted that fraud has been pleaded on the basis of misrepresentation. He further submitted that it is only when the notice issued by the Mamlatdar for the purpose of entry made on the basis of the document so executed (released deed), the respondent came to know and had to file the suit for injunction as well as for cancellation of such null and void document. He therefore submitted the if the documents, which have been executed by such misrepresentation and fraud, the discretionary order passed by the Court below would not be interfered, which is just and proper.