MUKESHBHAI N SHAH Vs. SHARDA FUELS (INDIA) LTD

JUDGEMENT

(1.) In the appeal with civil application, notice for final disposal was issued and the arguments were heard for final disposal.

(2.) The appeal is filed under Order XLIII of the Civil Procedure Code, 1908, ("the Code") against the order dated 29.09.2016 passed by learned Principal Senior Civil Judge, Ahmedabad (Rural), at Viramgam below application Exh.5 in Special Civil Suit No.189 of 2012 ( to be referred as 'the present suit'), whereby, learned Judge has partly allowed the application and ordered the parties to the suit to maintain status-quo relating to the ownership and possession of the suit lands till final disposal of the suit.

(3.) The respondent No.1-the plaintiff Company has filed the present suit to declare that the lands being block / survey Nos.439, 440, 441 (the suit lands) are of the ownership and in possession of the plaintiff company wherein, the defendants have never acquired any right or interest; that no right or interest could be acquired on the basis of forged and false documents and to declare that the sale deeds made on 21.12.1996 by defendant no. 1 and 2-the respondent no. 2 and 3 in their favour by forging signature of the Chairman / the Managing Director Shri Lalluram M. Sonkar, the sale deeds executed by the defendant Nos.1 and 2 in the office of subregistrar in Viramgam in favour of the defendant No.3-the Appellant no.1 and the sale deeds dated 28.05.2009 executed by defendant No.3 in favour of the defendant No.4-the respondent no.4 for the suit lands are illegal, null and void ab initio. The plaintiff company has also asked for permanent injunction restraining the defendant No.4 from transferring, alienating the suit lands, or creating any third party interest in suit lands and from creating any charge of any co-operative society or bank or any financial institution and from interfering with its possession of the suit lands.