Gujarat High Court
Miloni Enterprise & 7 vs Kishorebhai Chhaganbhai Patel & 8 on 23 January, 2017
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/788/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 788 of 2017
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MILONI ENTERPRISE & 7....Petitioner(s)
Versus
KISHOREBHAI CHHAGANBHAI PATEL & 8....Respondent(s)
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Appearance:
MR MEHULSHARAD SHAH, ADVOCATE for the Petitioner(s) No. 1 - 6 , 7.1 -
7.3 , 8
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 23/01/2017
ORAL ORDER
1. Prima facie, it appears that the plaintiffs have raised dispute to the effect that they have sold the land to defendant Nos.3 and 4 to the extent of 325 sq.mtr. only as per registered sale deed executed and registered in the year 1995. Thereafter, defendant No.5 purchased the land from defendant Nos.3 and 4 in the year 2012 and obtained title for the land admeasuring 654 sq.mtr. Therefore, description of the land, as mentioned in the sale deed of the year 1995, do indicate that the plaintiffs have sold the land admeasuring 325 sq.mtr. to defendant Nos.3 and 4 but, at the same time, stipulation made at page No.126 also refers to sale of the land including margin land and the same is confirmed by four boundaries on the subject lands. Still however, the dispute has been raised by the plaintiffs on the ground that the margin land situated on the Northern side of the plots in question belonged to them and not disposed of in the year 1995. It is stated at bar that the Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Jan 24 03:17:54 IST 2017 C/SCA/788/2017 ORDER plaintiffs are not the members of Kalyan Kutir society nor holding any share certificate in their favour but, they are out to take advantage of not mentioning of measurement of the margin land which is sold to defendant Nos.3 and 4 in the year 1995. But, four boundaries on the subject lands clearly indicate that the margin land is also sold to defendant Nos.3 and 4 at the relevant time in the year 1995.
2. Therefore, present petition deserves consideration. Issue notice to the respondents, making it returnable on 12.04.2017. Meanwhile, ad-interim relief in terms of para 12(B) is granted. Pending hearing of the present petition, if any transaction is effected by the petitioners, the same shall remain subject to result of the suit.
(S.H.VORA, J.) Hitesh Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Jan 24 03:17:54 IST 2017