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2022 Supreme(Guj) 641

ASHOKKUMAR C. JOSHI
Chetnaben Chetankumar Patel – Appellant
Versus
Bhalabhai Mohanbhai Koli – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr Jal S. Unwalla, Sr. Advocate With Mr Sandeep R Limbani
For the Respondent: Mr Gaurav Chudasama, Mr Vishal C Mehta

JUDGMENT :

1. Rule.

2. This petition, under Article 227 of the Constitution of India, is filed by the petitioner against an order dated 03.10.2019 passed by the learned Principal Senior Civil Judge, Halvad below Exh. 25 in Special Civil Suit No. 5 of 2018. By the said application, the petitioner – original plaintiff had sought to join the respondent Nos. 9 and 10 herein as party defendant Nos. 9 and 10 in the said suit, which came to be rejected vide impugned order.

3. Facts in nutshell of the case on hand are that on 27.09.1999, the respondent Nos. 1, 9 and 10 executed an Agreement to Sell qua the suit property in favour of the petitioner and handed over the possession as well as issued the acknowledgment receipt of sale consideration. On the same date, the said respondents also executed a irrevocable Power of Attorney in favour of one Mansukhbhai Savjibhai Patel, who is the father-in-law of the petitioner. After conversion of the said land into the old tenure land, on 07.04.2016, the said respondents also executed a sale deed in favour of the petitioner herein. However, subsequently, on 10.05.2016, the respondent Nos. 1 to 4, allegedly, in connivance with the respondent Nos. 5 to 8,

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