RAVECHI ENTERPRISE Vs. BHARATBHAI RAMUBHAI BHARWAD

JUDGEMENT

(1.) Order dtd. 28/01/2016 passed below Exhibit-38 in Regular Civil Suit No.14 of 2015 by the learned Principal Senior Civil Judge, Ankleshwar is sought to be challenged in the present petition whereby the application filed by the defendant at Exh.38 came to be allowed and proposed defendant therein is ordered to be joined as defendant No.7 in the suit.

(2.) The facts of the case in nutshell are that petitioner-org. plaintiff claims that he has become owner of the NA land bearing Survey/Block No.71 Paiki ad-measuring 5935 square meters of Village Kosamdi, Tal. Ankleshwar by purchasing it from its erstwhile owner who arraigned as respondent nos.3 to 6 through their power of attorney, by way of registered sale-deed dtd. 09/12/2010 bearing registered sale-deed no.9576. It is further the case of the petitioner that since they have purchased this NA land through registered sale-deed, they also got the possession and hold it since 2010. One third party claim the title and possession over this NA land by way of filing SCS No.55 of 2011 and in the said suit original owners i.e. respondents No.3 to 6 and power of attorney confirms the sale-deed in favour of the petitioner. However, later on, as per the case of the petitioner, the revenue authority; without hearing the petitioner cancelled the mutation entry. During pendency of the revenue proceeding, respondents No.3 to 6 who is alleged to have overreached the process and executed the sale-deed in favour of respondents no.1 and 2 dtd. 30/01/2013 qua the NA land. According to the petitioner, the said act was prejudicial to the title, interest and possession of the petitioner and therefore SCS No.14 of 2015 was filed before the learned Senior Civil Judge, Ankleshwar challenging the legality and validity of the petitioner's sale-deed dtd. 30/01/2013 executed inter se between respondents no.3 to 6 and respondents nos.1 and 2.

(3.) In the background of the fact when this petition was filed on 26/02/2016, this Court has passed the following order: