MANGILAL KINDORILAL AGRAWAL Vs. GORDHANBHAI KARSHANBHAI PATEL

JUDGEMENT

(1.) THE petitioner original applicant, third party has initially filed Civil Revision Application No.6 of 2001 challenging the order passed by the learned Civil Judge (S.D.) Baroda below an application No.18 in Regular Civil Suit No.19 of 1999 on 30.6.2000 rejecting the petitioner's application for joining party in the said suit.

(2.) THE Civil Revision Application was admitted and rule was issued by this Court and ad -interim relief was granted in terms of para 9(d) on 26.2.2001. By virtue of the said ad -interim relief further proceedings of Regular Civil Suit No.19 of 1999 pending in the Court of learned 3rd Joint Civil Judge (S.D.) at Baroda were stayed. This Civil Revision Application was subsequently converted into Special Civil Application No.23573 of 2005 by virtue of an order passed by this Court on 1.12.2005.

(3.) IT is the case of the petitioner that the property bearing Tikka No.2/4, Survey No.95 and Hissa No.95/1 to 95/4 is situated in the limits of Baroda Municipal Corporation, was purchased on 29.6.1977 by registered Sale Deed bearing No.1791 by the petitioner as well as Omprakash Gopilal Agrawal, Shasikant Gayalal Agrawal, Gopaldas T. Joshi and Jadavbhai Devjibhai Patel, in their joint names. The said property originally belonged to one Chandraprabhaben Govinddasji. From that date onward the property is in the joint name. One of the co -owners Jadavbhai Devjibhai, expired on 20.9.1982 and thereafter names of his heirs Bhimjibhai and others were added in the property card. The entire property is situated in Block No.10 bearing Municipal Census No.423 in Ward No.E in the Municipal record of the Baroda Municipal Corporation.