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2021 Supreme(Guj) 878

B. N. KARIA
SADHNA ALPESH SHAH – Appellant
Versus
DHRUVKUMAR ANANTSHANKAR SHUKLA – Respondent


Advocates Appeared:
For The Appellant : MR PARTHIV B SHAH
For The Respondent: MR.ADITYA J PANDYA

JUDGMENT :

Learned advocate for the petitioners has produced agreement to sale dated 13th April, 2017 which is taken on record.

1. By way of this petition, the petitioner have challenged the order dated 12.9.2019 passed by the learned 25th Additional Senior Civil Judge, Vadodara below Exh. 35 in Special Civil Suit No. 86 of 2018 whereby, the application preferred by the petitioners under Order 1 Rule 10(2) of Code of Civil Procedure to implead them as party defendant Nos. 2 to 4 in the suit was rejected.

2. The short facts leading to the present case are as under:-

    2.1 Respondent No.1- original plaintiff filed Special Civil Suit No. 86 of 2018 against the respondent No.2- original defendant No.1 for specific performance of contract. Before filing of the suit, respondent No.1-plaintiff tried to snatch away the possession of petitioners over the suit land by taking law in their hands and hence, they have filed criminal prosecution as well as Special Civil Suit No. 238 of 2017. As per averments made by respondent No.1-plaintiff an Agreement to Sell was executed by respondent No.2-defendant in favour of respondent No.1 -plaintiff and sale consideration was fixed at Rs. 1,75,00,000/-. Respo

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