BARIYA RUKHIBEN SHANABHAI Vs. RAMJIBHAI PARSHOTTAMBHAI PATEL

JUDGEMENT

(1.) ADMIT. Learned advocate Mr. Amit V. Thakkar waives service of admission on behalf of the contesting respondents. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final disposal.

(2.) The present Appeal from Order is filed under Order 43 of the Code of Civil Procedure, 1908 challenging the legality and validity of an order dated 06.03.2014 passed by the learned 10th Additional Senior Civil Judge, Vadodara below Exh. 5 in Regular Civil Suit No. 163 of 2013.

(3.) The facts in brief out of which present Appeal from Order arises are that appellants - original plaintiffs claiming to be illiterate senior citizens and legal heirs of original owner of the said land. The father of the appellants, late Shanabhai Lallubhai Bariya was the owner of the said agricultural land which came to be in the share of appellants to the extent of 1/7 share each in the said land, upon demise of their father. Whereas, respondent Nos. 1 to 4 are the original defendant Nos. 1 to 4, who had fraudulently and dishonestly obtained the said land through an illegal sale dated 18.01.2012 and respondents have started construction over the land in question and tried to create third party rights, and thereby, made an attempt to frustrate the legitimate rights of the appellants.