SANJAYBHAI LAKHABHAI ODERDRA Vs. MINESHBAI BHOGILAL PATEL

JUDGEMENT

(1.) Rule. Learned Advocate Mr.Viral K Shah, for respondent No.1 waives service of notice. Respondents No.2 and 3 though served have chosen not to appear.

(2.) Order dtd. 11/12/2021 passed below Exh.1 in Special Civil Suit No.116 of 2020 by the learned 7 th Additional Senior Civil Judge and CJM, Ahmedabad (Rural) is sought to be challenged in the present petition under Article 227 of the Constitution of India whereby the plaintiff has been permitted to withdraw the suit unconditionally.

(3.) The facts of the case in nutshell are that respondents No.2 and 3 and their family are join owners of NA Land bearing revenue Block / Survey No.1 ad-measuring area of 0/54/63 H.Acre.Sq. Mtrs., and block / survey no.464 ad-measuring area about 0/2/34 H-Are - Sq. Mtrs., situated at Village Ambli, Tal. Ghatlodiya, Sub-District / District : Ahmedabad. Respondents No.2 and 3 appointed the petitioner as their power of attorney holder by giving all the power in respect of the suit land and other lands and while doing so petitioner credited Rs.10,00,000.00 each in the account of respondent Nos.2 and 3. It is the case of the petitioner that after execution of the said power of attorney, petitioner executed an agreement to sell dtd. 18/12/2019 of the suit land in favour of respondent no.1 in the total sale consideration of Rs.1,00,00,000.00. Respondent no.1 preferred Special Civil Suit No.117 of 2020 for specific performance of the agreement to sale dtd. 18/12/2019 alongwith permanent injunction over the suit land before the Court of learned Principal Senior Civil Judge, Ahmedabad. The petitioner filed written statement in the said suit and sought rejection of the suit by raising various grounds therein.