ARVINDBHAI BABARBHAI BHATIYA Vs. ANANT BABARBHAI BHATIYA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 25th November 2017 passed below Exhibit 73 in Civil Suit No.841 of 2015 by the learned Additional Judge, City Civil Court No.09, Ahmedabad (hereinafter be referred to as "the Trial Court") whereby the learned Judge has allowed the withdrawal of the suit while rejecting the objection raised by the applicant, who is power of attorney holder of one Arvindbhai Babarbhai Bhatia, the applicant has preferred the present civil revision application.

(2.) Brief facts of the present case is that the plaintiff - Arvindbhai Babarbhai Bhatia and respondent No.1 are real brothers and they have got property from their father by Will and one of the conditions is regarding pre-emption right. It was mentioned in the Will that if any of the son wants to sell his portion of the property, he has to sell to his brother i.e. other son and in case of any of the son refused to purchase the property, in that event, other son is entitled to sell his plot to any third party. It is contended by the plaintiff that his brother respondent No.1 tried to sell his portion of the property and, therefore, he has published notice in the local newspapers whereby the plaintiff has filed objection and informed the respondent that he is ready to purchase the property. It is contended that there was notice transactions between the parties and ultimately, the plaintiff's power of attorney holder has instituted the aforesaid suit for declaration and permanent injunction against his real brother.

(3.) Heard Mr.Mehul Shah, learned senior advocate with Mr.Dhruvik Patel, learned advocate for the applicant and Mr.R. S. Sanjanwala, learned senior advocate with Mr.Manav Mehta, learned advocate for the respondents at length. Perused the impugned order as well as record placed in the form of paper book and the decisions cited at the Bar.