SHANTILAL SHAKARBHAI PATEL Vs. PATEL DALSUKHBHAI NANABHAI

JUDGEMENT

(1.) ADMIT. Learned advocates Mr.Rutvij Oza and Mr.Umang Vyas waives service of notice of admission on behalf of respondent nos.4 to 8 and respondent no.9 respectively.

(2.) Present First Appeal emanates from the judgment and decree dtd. 11/05/2017 passed by the learned 15" Additional Civil Judge, Vadodara, whereby learned trial Court has allowed Exh.-26 application under Order 7 Rule 11 of Civil Procedure Code filed by the original Defendant Nos. 4 to 9 and thereby has rejected the suit filed by the present appellants-original plaintiffs being Special Suit no. 129 of 2015.

(3.) The short facts of the case are that the aforesaid suit was filed by the appellants-plaintiffs against the respondentsdefendants for cancellation of Sale Deed and other allied reliefs by alleging that defendants nos. 1 to 3 has wrongly mutated entries of their names in revenue records of land admeasuring 12343 Sq. Meters, bearing Revenue Survey No. 976. It is stated that respondent nos.1 and 2 are the relatives of appellant no.1. It is also stated that in the year 2002 respondent nos. 1 and 2 were in financial crisis and because of that being relatives, the respondent nos.1 and 2 has requested appellant no.1 to transfer the said piece of land in their favour. It is stated that thereafter, they have prepared draft Sale Deed and at that time the appellants came to know that in the said Sale Deed name of respondent no.3 was also there, and being relatives of respondent nos. 1 and 2, the appellants have executed one Sale Deed dtd. 19/10/2002 without any consideration.