SUKUMAR BHIKHUBHAI BHATT Vs. DINESHKUMAR RAMLAL SHAH

JUDGEMENT

(1.) By way of the present Appeal from Order under Order 43, Rule 1(r) of the Code of Civil Procedure,1908, the appellant - original plaintiff has challenged an order dated 31/12/2014 passed by learned 9th Additional Senior Civil Judge &Addl. Chief Judicial Magistrate, Vadodara below Exh.5 in Special Civil Suit No.195 of 2012, submitted under Order 39, Rule 1 and 2 of the Code of Civil Procedure,1908, came to be rejected.

(2.) Pursuant to the Notice issued by this Court, respondents have appeared through different lawyers and have filed Affidavit-in-reply opposing grant any relief, as prayed for. The matter was first time listed before this Court on 10/03/2015. A caveat was filed by main contesting respondent No.3 and, therefore, respondent No.3 appeared through his lawyer on 10/03/2015. Having heard learned advocates appearing for the respective parties, the appeal was admitted on the same day and by oral order dated 10/03/2015 in Civil Application (for stay) No.1566 of 2015, ad-interim relief was granted by this Court. By way of ad-interim relief, respondent No.3 was restrained from disturbing the possession of the property in question and respondent Nos.4 and 5 were restrained from sanctioning any Development Plan in favour of respondent No.3 and all the respondents were restrained from creating any third party right, title or interest over the property in question, which is an open piece of land admeasuring around 364.74 sq.mtrs. Interim relief is continued till today.

(3.) When the matter is taken up for final hearing, in view of the aforesaid background, I would like to narrate certain facts, which have been emerged from the record of the case, are as under: