DILIPBHAI BHUDARBHAI PATEL Vs. MANAJI DALAJI THAKOR

JUDGEMENT

(1.) Learned advocate Mr. Mahesh Bhavsar for the appellants, who are challenging the order dtd. 23/2/2021 passed by the learned Additional Senior Civil Judge, Gandhinagar below Exhibit-5 in Special Civil Suit No.149 of 2020, submitted that the order is completely arbitrary, illegal, erroneous and against the settled position of law.

(2.) Advocate Mr. Bhavsar submitted that Regular Civil Suit No.154 of 2017 had already been instituted on 13/10/2017 by the original plaintiffs of Special Civil Suit No.149 of 2020 against the original opponent nos.1 to 5 of Special Civil Suit No.149 of 2020, which was for partition of the ancestral property bearing Survey Nos.318, 317, 314, 310, 638 and 616 situated at the outskirt of Village Kudasan, Taluka and District Gandhinagar.

(3.) Advocate Mr. Bhavsar submitted that pending the Regular Civil Suit No.154 of 2017, one of the suit property i.e. Survey No.616 was agreed to be sold by executing an agreement of sale by original defendant nos.1 to 5 in favour of original defendant nos.6 to 10, and, thereafter all of them sold the said Survey No.616 through registered sale deed on 21/10/2019 to the present appellants, who are the original opponent nos.11 to 14.