RAMRAJ VITTHAL DANDAGE Vs. LAXMI SRIDHAR CHAUDHARI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

(2.) This petition filed under Article 226 and 227 of the Constitution of India takes exception to the judgment and order dtd. 13/2/2019 passed by the learned 5th Joint Civil Judge, Junior Division, Bhusawal, below Exhibit-69 in R.C.S. No.209/2012.

(3.) Respondent No.1/plaintiff filed the suit for cancellation of sale deeds dtd. 5/3/2012 and 22/3/2012 executed by defendant Nos. 1 to 3 and declaration that they are not the owners of the suit property. Permanent injunction is sought that the suit property shall not be sold by the defendants to anybody and a declaration is sought that the plaintiff is owner and possessor of the suit property. The defendants resisted the suit by filing written statement. The petitioner/defendant No.1 filed written statement wherein it is averred that on the day of execution of the sale deeds, he was not aware as to what documents were prepared by defendant Nos. 2 and 3. He was suffering from stomach problem and without reading the documents, he signed on them, at the instance of defendant Nos. 2 and 3. He has signed both the sale deeds without reading the same.