ORDER :

1. By preferring this petition, the petitioner, who is the original plaintiff in Special Civil Suit No. 93 of 2009 and appellant in Misc. Civil Appeal No. 147 of 2011, has challenged the impugned order dated 23rd March, 2017 passed by the Principal District Judge below Exhibit:15 in Misc. Civil Appeal No. 147 of 2011 and impugned order dated 7th May, 2011 passed by the learned Additional Senior Civil Judge, Vadodara below Exhibit:5 in Special Civil Suit No.93 of 2009.

2. Short facts of the present case may be summarized as under:

2.1 As per the averments made by the petitioner in Special Civil Suit No. 93 of 2009 filed against the respondent no. 1, an agreement of mortgage was executed between them and Rs. 50,000/- was paid by the petitioner to respondent no. 1 in respect of land i.e Survey No. 235/3 admeasuring 0.29 - 34 situated in Village ‘Serkhi’ of District Vadodara as per the terms of the agreement dated 24th April, 2001.

2.2 It was further averred that possession of land was handed over to the petitioner by the respondent. no. 1 for the next five years. It was further contended that Rs. 3,02,000/- was paid by the petitioner to the respondent no. 1 and another written agr