BHAVANJI JUGAJI Vs. JUGAJI BABAJI THAKOR

JUDGEMENT

(1.) WITH the consent of both the parties, present Appeal From order is taken up for final hearing.

(2.) CHALLENGE in this Appeal is the legality and validity of the order dated 19.11.2012 passed by the learned 10 th Additional Senior Civil Judge, Ahmedabad (Rural) at Ahmedabad passed below Exhibit 5 in Special Civil Suit No.528 of 2009, whereby the appellants' injunction application restraining the respondents from transferring, assigning or executing any writings or dispossessing the appellants and/or erecting any construction on the land situated in Vejalpur Sim Revenue Survey No.809/2 paikee having T.P. Scheme No.25 till final disposal of the suit, inter alia declaring the sale deed executed by the defendant No.1 in favour of respondent Nos.3 and 4 as void and nullity and further decree for perpetual injunction restraining the defendants from dispossessing the appellants and other reliefs in terms of para 8 (b) and (c) of the plaint came to be dismissed.

(3.) WHILE opposing the appellants' case, the respondents have filed detailed reply before the trial Court. The main crux of the submissions is such that the appellants have not approached the Court with clean hands. In fact, the suit land is self acquired property of the respondent No.1, who purchased out of his own income in the year 1972 by way of registered sale deed. After purchase, the mutation entry came to be affected. After about lapse of 35 years, the appellants raised right over the property on the ground that the suit property has been purchased out of nucleus of joint Hindu Family income and hence, it assumes character of joint Hindu family property. On such premise, the present litigation is brought with a view to extort money from the respondents. It is say of the respondents that before sale of the suit land, public notice was published in the newspaper and after obtaining title clearance certificate, the sale deeds in favour of the respondent Nos.3 and 4 were executed. It is say of the respondents that the appellants have filed previous suit i.e. Regular Civil Suit No.599 of 2008 for declaratory decree for partition, possession and the plaint of the said suit, though injunction application was filed, but no relief was granted by the trial Court. After about one and half years, the appellants filed the Special Civil Suit No.528 of 2009 challenging sale deed dated 10.11.2008. On such ground and other submissions made in the reply, the respondent have urged to dismiss the injunction application.