JUDGMENT :

C.L. Soni, J.

In this petition filed under Article 226/227 of the Constitution of India, the petitioner has challenged the order dated 19.9.2013 passed in Recall Application No. 40 of 2012 by the learned Additional Civil Judge, Surat.

2. The petitioner is the original plaintiff who had preferred Regular Civil Suit No. 702 of 1991 in the Court of the learned Civil Judge (S.D.) at Surat for permanent injunction seeking to restrain the original defendants (No.1 deceased Gandabhai Govanbhai and No.2 deceased Hanskamal Atamprakash Grover) from entering and taking forcible possession of the suit land and for further restraining the defendants from preventing the plaintiff to enter and make use of the suit land, from executing any agreement to sell ("Satakhat" for short) and from transferring the suit land measuring 50941 square yards (42590 square meters) of Survey No. 596 situated at village Vesu, Sub District Choryasi, District Surat.

3. The suit was disposed of by order dated 25.12.1999 on the basis of the compromise purshis at Exh. 49 and the decree was ordered to be drawn in terms of the compromise purshis.

4. The petitioner-original plaintiff preferred the Recall Application