The main legal point established in the judgment is that the dispute appeared to be of a civil nature, leading to the dismissal of the complaint and the rejection of the revision application seeking condonation of delay.

ORDER :

1. By way of this writ-application under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 the writ-applicant herein has prayed for the following reliefs:

“(A) YOUR LORDSHIPS be pleased to admit and allow this petition in the interest of justice.

(B) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction, quashing and setting aside the impugned order dated 29.4.2017 passed by Ld. Additional Sessions Judge, Surat in Criminal Misc. Application (for delay condonation) No. 1959 of 2017 as well as order dated 3.11.2014 passed by the Ld. JMFC, Olpad in Private Criminal Inquiry Case No. 16 of 2014 and further be pleased to direct registration of FIR/complaint against the respondent nos. 2 to 7 for the offences punishable u/s. 323, 406, 420, 447, 464, 465, 467, 468, 470, 471, 474, 395, 506(2) of IPC, in the interest of justice.

In the alternative

(BB) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction, quashing and setting aside the impugned order dated 29.4.2017 passed by Ld. Additional Sessions Judge, Surat in Criminal Misc. Application (for delay condonation) No. 1959 of 2017 and further be pleased remand the matter back to the Ld. Additional Sessions Judge, Surat for deciding the Criminal Revision Application on merits, in the interest of justice.

(C) YOUR LORDSHIPS be pleased to stay the implementation, operation and execution of impugned order dated 29.4.2017 passed by Ld. Additional Sessions Judge, Surat in Criminal Misc. Application (for delay condonation) No. 1959 of 2017 as well as order dated 3.11.2014 passed by the Ld. JMFC, Olpad in Private Criminal Inquiry Case No. 16 of 2014, pending the admission, hearing and final disposal of this petition.

(D) YOUR LORDSHIPS be pleased to grant such other and further reliefs as may be deemed proper by this Hon'ble Court.”

2. It is the case of the writ-applicant that on 9.7.1995, an Agreement to Sell came to be executed by the respondent Nos. 2 to 4 in favour of the writ-applicant in respect of the property bearing City Survey No. 159 situated at Olpad admeasuring 116.04 sq. meters qua construction on the ground floor alongwith land in front and back. In the said Agreement to Sell, it was agreed that if the respondents Nos. 2 to 4 want to sell the property, the writ-applicant would be given the first preference.

2.1 On 24.3.1998, the respondents Nos. 2 to 4 executed a registered Sale Deed No. 337 in favour of the writ-applicant in respect of the property bearing City Survey No. 159 situated at Olpad admeasuring 116.04 sq. meters qua construction on the ground floor alongwith land in front and back. As per the sale deed, the respondent nos. 2 to 4 were permitted to ingress and egress from the open land to the property on the first floor being the original owners. It was further agreed that if the respondents Nos.2 to 4 want to sell the property, the writ-applicant would be given the first preference.

2.2 On 29.5.1998, pursuant to the registered sale deed dated 24.3.1998 being registered Sale Deed No. 337 Entry No. 216 came to be mutated into the revenue records. After issuance of notice under Section 135-D of the Gujarat Land revenue Code to the respondents Nos. 2 to 4, the names of respondents Nos. 2 to 4 were deleted and name of writ-applicant alongwith his wife was entered in the revenue record qua subject property i.e. City Survey No. 59.

2.3 It is further stated that the respondent No. 2 to 4 met the respondents No. 5 to 6 and fixed the sale of the land and on 19.3.2012, the respondents Nos. 2 to 4 issued notice to the writ-applicant showing their inclination/desire to sell the first floor of the property in question only for the sake of it. On 20.3.2012, the writ-applicant filed Regular Civil Suit No. 18 of 2012 against the respondent Nos.1 to 3 in the Court of learned Civil Judge, Olpad for declaration and permanent injunction and showed his willingness to purchase the property at first floor.

2.