Gita Gopi,J. - (1.)This Letters Patent Appeal is filed against the judgment and order dated 01.08.2016 passed by the learned Single Judge in Special Civil Application No.17393 of 2011 whereby the writ petition filed by the Appellants-Petitioners was dismissed with the direction that the disputed revenue entry made in favour of Respondent Nos.2 to 8 shall be subject to the final outcome of the Civil Suits pending between the parties.
(2.)The the land bearing Block No.1, situated at Village : Jolapur, Taluka : Sanand, Account No.410, was originally owned by one Thakkar Shivlal Chaturbhai, father of Appellant No.1-Petitioner No.1. The said Thakkar Shivlal Chaturbhai passed away on 24.12.1979. Upon his death, the names of his two sons and one daughter were added as the legal heirs; however, the daughter of the deceased gave away her right in respect of the land in question and therefore, the names of his two sons, the Appellant No.1-Petitioner No.1, Thakkar Natwarlal Shivlal and Thakkar Ratilal Shivlal, were mutated in the revenue records. The said Thakkar Ratilal Shivlal died on 29.12.1989.
2.1 Along with the writ petition, the Appellants-Petitioners had produced the Partnership Deed of the Firm, namely M/s. Laxmi Vijay Ginning and Processing Factory, which was registered on 20.02.1970. At the time of registration, the said Firm had six Partners, including Thakkar Shivlal Chaturbhai and his two sons, namely, Thakkar Natvarlal Shivlal, the Appellant No.1-Petitioner No.1 and Thakkar Ratilal Shivlal. It appears that the said Firm had availed loans from Bank of Baroda by mortgaging the land in question. However, after few years, it was unable to repay the dues of the Bank and on account of heavy losses. Therefore, the Bank of Baroda filed Special Civil Suit No.52 of 1983 and Civil Suit No.13 of 1983 for recovery of its dues. On establishment of the Debts Recovery Tribunal at Ahmedabad, the suits came to be transferred to the Debts Recovery Tribunal. In the proceedings of Special Civil Suit No.52 of 1983, a Settlement Purshis was filed by the parties to the effect that the land in question mortgaged in favour of Bank of Baroda may be disposed of for recovery of the outstanding dues of the Partnership Firm. On the basis of such Settlement Purshis, a decree was passed by the Debts Recovery Tribunal on 15.02.2005.

2.2 It further appears that prior to the passing of the judgment and decree dated 15.02.2005, in another proceedings being Recovery Proceedings No.1412 in Civil Suit No.13 of 1983, the Debts Recovery Tribunal passed an order passed directing attachment of the land in question along with the machineries lying therein.

2.3 Subsequently, a settlement was arrived at in the suit proceedings and the land in question was sold to Appellant No.2-Petitioner No.2 by way of registered sale deed dated 02.05.2006 and necessary entry came to be mutated in the revenue record vide Pencil Entry No.4892 dated 05.06.2006.

2.4 In the year 2006, Respondent Nos.2 to 8 herein made an application being RTS Case No.70 of 2006 to the Mamlatdar concerned seeking mutation of their names in the revenue records, as the heirs of deceased Thakkar Ratilal Shivlal, though the said deceased had died way back in 1989. The said application came to be rejected by order dated 30.04.2008. Against the order dated 30.04.2008, Respondent Nos.2 to 8 preferred appeal before the Deputy Collector, which was numbered as RTS Case No.50 of 2008. The said authority allowed the appeal by order dated 07.02.2009 and set aside the order dated 30.04.2008 passed by the Mamlatdar. Consequently, Pencil Entry No.4914 came to be entered in the revenue records.

2.5 Against the order passed by the Deputy Collector dated 07.02.2009, the Appellant No.1-Petitioner No.1 preferred revision being RTS Revision Application No.110 of 2009 before the District Collector, who rejected the said revision application by order dated 03.03.2010. Being aggrieved by the order dated 03.03.2010, the Petitioner No.1- Appellant No.1 preferred RTS Revision Application No.67 of 2010 before the Special Secretary, Revenue Department, Government of Gujarat. However, the said revision application came to be rejected by order dated 07.09.2011.

(3.)It also appears from the record that three different Civil Suits were filed by the Respondents - Legal Heirs of deceased Thakkar Ratilal Shivlal, wherein the sale deed dated 02.05.2006 executed in favour of Appellant No.2-Petitioner No.2 was challenged. We are informed that out of the three Civil Suits, Civil Suit No.139 of 2006 [Yogesh Ratilal Thakkar v. Natvarlal Shivlal] has been dismissed by the trial Court concerned on 11.04.2014. Civil Suit No.453 of 2007 (New No.25 of 2017) [Pritiben Ratilal Thakkar v. Natvarlal Shivlal Thakkar] is pending hearing. The third suit being Civil Suit No.437 of 2008 [Ghanshyam Ratilal Thakkar v. Natvarlal Thakkar] has been dismissed for default on 29.01.2021.