JUDGMENT :

1. Being aggrieved and dissatisfied with the judgment and order dated 21.8.2014 passed by the learned Civil Court in Regular Civil Suit No.336 of 2012 and judgment and order dated 15.12.2018 passed by the learned Additional District Judge, Bhuj – Kutch, in Regular Civil Appeal No.37 of 2014 the appellant has preferred present Second Appeal under Section 100 of the Code of Civil Procedure, 1908.

2. The short facts giving rise to present appeal are as under :-

2.1 The appellant herein is the original plaintiff and the respondents herein are the original defendants.

2.2 On 03.04.1989, the plaintiff purchased two plots being plot no. 23 and 24 by registered sale deeds. One Mr Navin Thakkar created a bogus and forged power of attorney who thereafter sold plot no. 23 to defendant no. 3 by registered sale deed and plot no. 24 to defendant nos. 1 and 2 by registered sale deed on 15.09.1993.

2.3 On 08.01.1996 both the plots were sold to defendant no. 5. On 28.10.2006, the plaintiff issued a notice in the newspaper about forged power of attorney and that buyers ought to be cautious about entering into any transactions with respect to the plots in the ownership and possession of the plaintiff. In 2011, the defendants started interfering with the possession of the plaintiff and therefore the plaintiff came to know about the registered sale deeds executed on the basis of a bogus power of attorney and on 19.11.2012, the plaintiff filed a suit for declaration, injunction and cancellation of all four sale deeds before the 3rd (Adhoc) Additional Civil Judge, Bhuj-Kutch being Regular Civil Suit No. 336 of 2012 on the ground that the sale deeds were executed by creating fraudulent power of attorney.

2.4 The learned 3rd (Adhoc) Additional Civil Judge has rejected the application below Exh. 31 application under Order 7 Rule 11(d) in Regular Civil Suit No. 336 of 2012 by order dated 21.8.2014 filed by the respondent No.5.

2.5 In the amended suit following relief/s have been prayed for :-

“Be pleased to issue summons to the defendants of this case through the Hon’ble Court and declare that out of the land bearing Non-Agricultural R.S. No.357 and 365/2 of Village Madhapar Nanayaksha of Taluka: Bhuj, the plaintiff is the exclusive owner and occupier of Plot no.23 vide Registered Sale Deed No.868 dated 03/04/1989 and Plot No.24 vide Registered Sale Deed No.867 dated 03/04/1989 and the plaintiff is the sole owner and occupier of the said plot no.23 and 24 till today and it has been recorded in my name in the revenue records, too. I further pray to declare all four sale deeds viz. Registered Sale Deed No.2914 dated 15/09/1993 and Registered Sale Deed No.172 dated 08/01/1996 for Plot No.23 and Registered Sale Deed No.2913 dated 15/09/1993 and Registered Sale Deed No.173 dated 08/01/1996 for Plot No.24 executed by my so called power of attorney holder and Registered Sale Deed No.449 dated 15/01/2008 executed by defendant no.5 to be canceled as the same are illegal and with misleading facts and I also pray to declare so called Power of Attorney executed in the name of Mr.Navin Thakkar (Who has died). Moreover, till the final disposal of this suit, be pleased to grant permanent injunction restraining the present so called holder of both the said plots i.e. Defendant No.5 from further sell, transfer, mortgage or entering into any new agreement, sale deed through his agent, servants, representatives etc. and also grant injunction restraining the defendants obstructing the plaintiff’s possession of the the said plots in the local records. Moreover, I pray to grant all other and further relief admissible as per law.”

2.6 Against the order dated 21.8.2014, passed below Exh.31 application in Regular Civil Suit No. 336 of 2012 by the learned 3rd (Adhoc) Additional Civil Judge, the present appellant has approached the Court of learned 4th Additional District