MARUTI RAMA SATHE Vs. ANUP MOHANLAL MOTWANI

JUDGEMENT

(1.) THIS is an appeal filed by the original defendants to challenge the judgment and decree dated 31st July 2009 of the trial Court allowing the suit filed by the respondent. It is taken up for final disposal at the stage of admission in view of the direction contained in the order dated 9th March 2010. Pursuant to the undertaking given by the appellants to the Court on that day, they have not filed compilation of all the relevant documents that form part of the record.

(2.) THE respondent had filed Special Civil Suit No.522 of 2008 for a declaration that sale-deed dated 17th September 2007 executed by appellants No.1 to 3 in favour of appellant no.4 in respect of the suit land is null and void and not binding on him. He also sought a permanent injunction to restrain the appellant no.4 from obstructing the respondent's possession over the suit land and from creating any third party interest over the same. After the summons in the suit was served upon, appellants, appellants No.1 to 3 appeared before the Court through Advocate Pradip Nanajkar on 8th August 2008. After receipt of writ of summons, appellants No.1 to 3 appeared before the trial Court on 8th August 2008 and appellant no.4 on 8th April 2008 through their respective advocates. Thereafter however, they failed to file written statement and therefore the suit proceeded without written statement against them under Order VIII, Rule 10 Code of Civil Procedure. The respondent examined his witnesses and produced the documents relied upon by him. On appreciation of the oral and documentary evidence, the trial Court decreed the suit.

(3.) IN all the above circumstances, we find no merit in the appeal. There is no question based either on facts or in law falling for consideration of this court. The appeal therefore is dismissed. No order as to costs.