DHARMESH MANILAL PATEL Vs. SHANTILAL RAMJIBHAI GALA

JUDGEMENT

(1.) The appellants are original plaintiffs whereas respondents are original defendants and they are referred in the same capacity. Plaintiffs have preferred a suit for cancellation of sale-deed alleged to be executed by them initially in favour of defendant No.1 and in turn by defendant No.1 in favour of some other defendants. However, at present, the dispute is regarding sale-deed alleged to be executed by plaintiff Nos.1 to 3 in favour of defendant No.1. With such suit being Regular Civil Suit No.616 of 2010, plaintiffs have filed an application for interim relief so as to restrain the defendants from further alienating the suit properties in any manner. The trial Court has however dismissed such application by impugned judgment and order dated 13.3.2013.

(2.) At present, in such appeal against the interim order, since there is no dispute regarding details of the suit property, and since such details are well explained in the pleadings before the trial Court as well as in the impugned order, instead of describing the details of property, it is referred as suit property only.

(3.) It is not disputed that plaintiffs are original owners of the suit property being agricultural land and at present it has been converted into non-agricultural land and defendants have developed the same for commercial purpose. It is also not disputed that, initially, plaintiffs have entered into an agreement to sell in favour of one Navinbhai Nanjibhai Shah. It is also not disputed that said Navinbhai Nanjibhai Shah has executed sale-deed in favour of defendant No.1, who happens to be his father-in-law, as a power of attorney of plaintiffs and endorsing such saledeed as a confirming party because of existence of agreement to sell in his favour.