MANOJKUMAR ARVINDBHAI PATEL Vs. ARVINDBHAI JASHBHAI PATEL

JUDGEMENT

(1.) Heard learned advocate Mr. Yogesh G. Kanade for the petitioners and learned advocate Mr. Aditya J. Pandya for the respondent No.2 and respondent No.1 is expired during the pendency of the suit proceedings.

(2.) The present petition is preferred by the petitioners challenging the impugned order dtd. 4/9/2021 passed below Exh.58 in Special Civil Suit No.172 of 2011 by the Additional Senior Civil Judge, Vadodara, whereby, the trial Court has dismissed the application filed under Order XI Rule 12 & 14 of the Code of Civil Procedure, 1908, by which, the petitioners prayed for production of documents from original defendant No.2.

(3.) Brief facts of the case are as such that the present petitioners are the original plaintiffs, who has filed Special Civil Suit No.172 of 2011 for declaration of cancellation of registered sale deed dtd. 1/11/2010 being illegal and void, which is executed before the Sub- Registrar Officer, Vadodara Vibhag-2 at Sr. No.10794. It is the case of the petitioners that the suit property is ancestral property, and therefore, in the revenue records, the names of the petitioners have been mutated by way of Mutation Entry No.2286 on 3/7/1981. The plaintiffs are the owner of the land Mauje Sama, Vadodara Survey Nos. 314, 308, 619, 420 and 309 and total 6 acre and 29 Gunthas land have been procured.