NATAVARBHAI DAHYABHAI SOLANKI Vs. GITABEN PANACHAND RAMJIBHAI

JUDGEMENT

(1.) THE appellant ori. plaintiff has filed this Appeal From Order under Order-43, Rule-1 (r) of the Civil Procedure Code challenging the order passed by the learned Principal Civil Judge, Surat on 17. 5. 2008 below an Application Ex. 5 in Special Civil Suit No. 306 of 2006 whereby the learned trial Judge has rejected Ex. 5 application.

(2.) THIS Court has issued notice on 12. 9. 2008. On service of notice Mr. D. C. Raval, learned advocate appears on behalf of the respondent Nos. 1 to 5. and Mr. N. V. Gandhi, learned advocate appears on behalf of the respondent Nos. 6 to 8.

(3.) DURING the pendency of this Appeal, Civil Application No. 12128 of 2009 is filed by Khimabhai Devayatbhai Nandaniya and Rajeshbhai Arjanbhai Gal, who are the purchasers of the alleged one half share of the plaintiff appellant in the land bearing Block Nos. 4 and 13. It is an admitted position that they are not the parties before the Civil Court in the suit and the sale deed was executed by the appellant plaintiff after Ex. 5 application was rejected by the learned trial Judge. This fact has not been disclosed by the plaintiff.