VALI IBRAHIM BANDHUKIYA Vs. MAYURDWAJSINH VIJAYSINHJI RANA

JUDGEMENT

(1.) HEARD Mr. Dhaval Barot, learned advocate for the applicants, Mr. Y.N. Ravani, learned advocate for the opponent No. 1 herein -original petitioner, Mr. Y.M. Thakkar, learned advocate for the opponent No. 2 herein -original respondent No. 1 and Mr. Bharat Vyas, learned Assistant Government Pleader for opponent Nos. 3 to 7.

(2.) RULE . Learned advocates for the respective opponents waive service of process of Rule.

(3.) IT is the case of the applicants that the applicant Nos. 1, 2 and 3 purchased the land bearing survey No. 245, mouje Samiyala, Taluka: Amod, District: Bharuch (hereinafter referred to as 'the land in question'), from the applicant No. 4 herein by way of Registered Sale Deed No. 984 of 2013 dated 12/08/2013 and necessary mutation entry has also been made in the favour of the applicant Nos. 1, 2 and 3 viz. entry No. 2789 dated 12/08/2013 in the Village Form No. 6 at Annexure 'A' to this application. It is further the case of the applicants that the applicant No. 4 had purchased the land in question from the opponent No. 2 herein -Indrakunwarba D/o. Mansinhji Rana -original respondent No. 1, by way of Registered Sale Deed No. 61 of 2013 dated 11/01/2013 and necessary mutation entry was also made in the revenue record viz. entry No. 2724 dated 11/01/2013 in the Village Form No. 6 at Annexure 'B' to this application. The said entry No. 2724 was challenged by the opponent Nos. 1 and 2 herein i.e. original petitioner and original respondent No. 1 respectively before the Mamlatdar, however, later on, the opponent No. 2 herein -original respondent No. 1 withdrew the said objections and agreed to the said mutation entry in favour of the applicant No. 4 herein by submitting the reply, however, as the opponent No. 1 herein -original petitioner herein objected the said entry, the Mamlatdar cancelled the said entry. Thereafter, pursuant to order dated 09/07/2013, the Deputy Collector certified the entry No. 2724 by entry No. 2785 at Annexure 'D' to this application dated 09/07/2013 in respect of the said Sale Deed and the land in question. The said fact is also known to the opponent Nos. 1 and 2 herein, is the case of the applicants herein.