RAMESHBHAI PUNABHAI BAVDA Vs. DHANJIBHAI VELJIBHAI RAIYANI

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India for the following prayers:

(2.) The brief facts, as stated in the memo of the petition, are such that the present petitioner no.1 purchased the open land admeasuring 873-8 sq.yards situated at plot No.32 of R.S.No.40/1 in Kangashiali village of Lodhika taluka fo Rajkot district from present opponent no.3 vide sale deed dtd. 28/2/2008 bearing registration no.2038 before Sub- Registrar's office Gondal and the said sale deed was executed by the power of attorney (Amit S Mehta) of the present opponent no.3; that the present petitioner nos.2 to 5 purchased the above mentioned property from the present petitioner no.1 through registered sale deed bearing number 494212 and 11770 dtd. 25/11/2008; that the present opponent no.3 claiming that the sale deed bearing registration no.2038 on 28/2/2008 was out of her knowledge and in 2010, when she came to know about the sale of her property, she then lodged a complaint and executed a sale deed of the above mentioned property in favour of the present opponent nos.1 and 2 where the present opponent nos.1 and 2 purchased the above mentioned property vide sale deed bearing registration no.6539 on 27/9/2011 before the Sub- registrar's office, Lodhika. The present opponents filed the Special Civil Suit No.125 of 2011 for declaration, permanent injunction and vacant possession of the land in question. The present petitioners submitted an application at Exh.27 under Order 7 Rule 11 of the Code of Civil Procedure ('CPC' for short) to reject the plaint on the ground of suit barred by law; the said application was rejected vide order dtd. 5/3/2020. Thereafter, the petitioners filed application below Exh.37 for raising additional issues, which was dismissed vide order dtd. 3/2/2023, which is challenged in this petition.

(3.) Heard learned advocates for the parties.