MAHENDRASINH JORUBHA ZALA Vs. DECEASED KANTABEN SHRIKRISHNA AGRAWAL

JUDGEMENT

(1.) Civil Application No. 9970 of 2017 has been filed by the third party applicants for bringing the legal heirs of the deceased-original petitioner Kantaben Shrikrishna Agrawal in Civil Application No. 10253 of 2014 filed by the applicants, seeking their impleadment as the petitioners in Special Civil Application No. 5411 of 2008. Similarly Civil Application No. 10370 of 2017 has been filed by the said third party applicants for bringing on record the legal heirs of the deceased original appellant Kantaben in First Appeal No. 1589 of 2011 and in Civil Application No. 10254 of 2014 filed by them, seeking their impleadment/transposition as appellants in the said First Appeal.

(2.) The said Kantaben, who was the sole appellant in the First Appeal and the sole petitioner in the Special Civil Application has expired on 26.5.2017.

(3.) The broad facts giving rise to the present proceedings as transpiring from the record are that the land in dispute pertains to Survey No. 220/1 ad-measuring 2 acres 34 gunt-has situated at Bodakdev. The original landlord of the said land was one Haribhai Talsibhai Patel, who had executed one unregistered agreement to sell in favour of Kantaben Agrawal on 25.4.1968. The said Haribhai Talsibhai Patel, expired on 1.10.1972. The said Kantaben thereafter filed Special Civil Suit No. 1/1975 against the legal heirs of the said Haribhai, seeking specific performance of the said agreement executed by Haribhai. It appears that the said Kantaben had executed one power-of-attorney in favour of one Dr.Harshad Bhupatkar on 9.12.2002 for prosecuting the said suit. The said power-of-attorney holder Dr.Harshad Bhupatkar withdrew the said suit by submitting the purshis (Exh.254) on 4.11.2004. Pursuant to the said purshis, the suit was permitted to be withdrawn by the concerned Court on 6.11.2004. It further appears that the grandson of the original owner Haribhai Talsibhai and the sons of Pravinbhai Haribhai i.e. Yatinbhai and Manishbhai in the meantime executed one registered sale deed qua their ?rd share in the land in question in favour of one Purushottambhai Pravinbhai Patel on 12.6.2002. The said Purushottambhai Pravinbhai Patel executed a registered sale deed qua ?rd share in the suit land in favour of the said power-of attorney holder Dr. Harshad Bhupatkar on 18.3.2005.