PRAVINABA Vs. PRATHVIRAJSINH MOBATSINH VAGHELA

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India by the original plaintiff praying to quash and set aside the order dtd. 14/2/2022 passed below Exh.60 in Regular Civil Suit No.56 of 2019 (Old Special Civil Suit No.771 of 2010) by learned Principal Civil Judge, Bavla, District Ahmedabad (Rural) and further to reject the said application Exh.60.

(2.) The brief facts leading to filing of this petition are such that the petitioner-plaintiff preferred Regular Civil Suit No.56 of 2019 (Old Special Civil Suit No.771 of 2010) before the learned Principal Civil Judge, Bavla, Ahmedabad (Rural) seeking to quash and set aside the sale deed executed in favour of defendant nos.2 to 5 by the defendant no.1 dtd. 12/7/2010. It is averred that the land of Survey No.266/1 paiki, 266/2 paiki, 311/1 paiki and 168/1 paiki (new and old tenure land) of village Dumali, Taluka Bavla, District Ahmedabad was owned and possessed by father of the plaintiff i.e. Mobatsinh Jashwantsinh Vaghela and by virtue of family partition which took place on 27/12/1988 during his lifetime, the suit land came into the ownership of the plaintiff and mutation entry no.701 was also mutated and confirmed on 30/1/1989. It is averred that the defendant nos. 1 and 3 filed their reply to the suit and confirming the fact that there is no dispute with regard the fact that the suit land was in the ownership and possession of father of the plaintiff and that the lands of Survey No.266/1 and 266/2 of village Dumali is running in the name of Gumansinh Mobatsinh (deceased) as tenant and mutation entry no.19 was also mutated. The rejoinder and sur-rejoinder were also filed.

(3.) Heard learned advocate Mr.Amit Thakkar with learned advocate Mr.Vicky Mehta for the petitioner and learned advocate Mr.S.P.Majmudar for the respondents.