USMANGANI ABDULKADAR KARBHAARI Vs. AJIT INDRAVADAN THAKKAR

JUDGEMENT

(1.) Rule. Learned advocate, Shri P.R. Thakkar waives service of notice of Rule for respondent nos.1 to 5.

(2.) The present Civil Application is filed by the applicant-third party seeking leave to appeal to file the Second Appeal challenging the impugned judgment and order in Regular Civil Appeal No.82 of 2004 by the learned 4th Additional District Judge, Bharuch dated 23.01.2015 on the grounds stated in the application.

(3.) As referred to in the details, Special Civil Suit No. 333 of 1993 came to be filed before the court of learned Civil Judge, Bharuch and it was dismissed in Sept. 2004. The same was carried by way of Misc. Civil Appeal No. 23 of 1995 before the learned Assistant Judge, Bharuch and the same Appeal was allowed, by which the alienation and transfer of the suit land was restrained pending the hearing of the Suit. Though ultimately the Special Civil Suit No. 333 of 1993 came to be dismissed as stated herein above, against which First Appeal No. 82 of 2004 was filed though no stay was operating in the First Appeal. Thereafter further transactions took place as stated in detail by way of registered sale deed executed by Kashiben in favour of Ismailbhai in the year 2004 and thereafter in the year 2008 Kashiben executed the registered sale deed dated 23.8.2008 in favour of Mohammad Ismail Patel and the entry has been mutated being Revenue Entry No. 7104. Again, said Mohammad Ismail executed a registered sale deed in favour of Siraj Hasan Vijaysinh Rana in the year 2012. The said Siraj Hasan Vijaysinh Rana further sold the land in question in favour of Usmanbhai by registered sale deed dated 29.5.2012 for which entry was mutated being Revenue Entry No. 7309. First Appeal No. 82 of 2004, which was filed against the judgment and order in Civil Suit NO.333 of 1993, was allowed. During the pendency of the proceedings, there was no injunction or stay, resulting in series of transactions, and therefore, the present Applicant - Third Party claims to be a bona fide purchaser by registered sale deed, and that the subsequent purchaser, without knowledge, has filed the application seeking leave to appeal on the grounds stated in the application.