HASMUKHBHAI DAYALBHAI PATEL Vs. PRABHABEN ARVINDBHAI PATEL

JUDGEMENT

(1.) HEARD Mr.Devang T. Shah, learned advocate appearing on behalf of the appellant, Mr.N.V. Gandhi, learned advocate appearing on behalf of the respondent Nos.2 to 4 and Mr.P.R. Nanavati, learned advocate appearing on behalf of the respondent No.5.

(2.) BEING aggrieved by and dissatisfied with the order dtd.16/4/2008 passed by the learned Principal Senior Civil Judge, Bardoli below application Ex.5 in Special Civil Suit No. 21 of 2008 dismissing the said application Ex.5 submitted by the appellant plaintiff, present appellant plaintiff has preferred present Appeal From Order.

(3.) IT appears that the original plaintiff appellant herein has instituted the aforesaid suit for declaration and permanent injunction with respect to the suit properties being Block/Survey Nos.53, 55, 58, 98, 548 of village Akoti, Taluka ; Bardoli, District ; Surat. In the said suit, the plaintiff appellant herein submitted an application at Ex.5 for appropriate order restraining the defendants from transferring the said suit properties either by way of mortgage, gift, sale, lease or any other mode of transfer in any manner whatsoever in favour of third party till final disposal of the said suit. It appears that the original plaintiff is residing abroad and by taking disadvantage of the same, the Power of Attorney Holder of the plaintiff substituted three pages of the power of attorney to sell the land in question and thereby the Power of Attorney Holder fraudulently sold / transfer the land in question in favour of the defendants respondents herein. Therefore the plaintiff - appellant herein filed the aforesaid suit for declaration and permanent injunction, which was resisted by the defendants on the ground that they are bona fide purchasers and have purchased the lands in question from the power of attorney holder of the original plaintiff against valuable consideration and the agricultural lands in question is being used for cultivation. The learned trial court, after hearing both the sides, dismissed the application Ex.5, against which the present Appeal From Order is filed by the appellant original plaintiff.