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SANDEEP N. BHATT
Khodaji Shivaji – Appellant
Versus
Mafaji Moptaji – Respondent
ORDER :
1. The present petition is filed by being aggrieved and dissatisfied with the order dated 11.05.2022, passed by the 9th Addl. Civil Judge, Mirzapur, Ahmedabad (Rural) in Regular Civil Suit No.300 of 2005 below Exh.70 and 143, whereby the trial Court has allowed the third party application filed by Sakariben Khodaji Shivaji Thakor – respondent No.8 herein for joining as plaintiff in the abovementioned suit.
2.1 Brief facts of the case are as such that the deceased - Khodaji had filed a Regular Civil Suit No.300 of 2005 for permanent injunction and declaration of the property situated at Village: Vejalpur, bearing Revenue Survey No. 988 (New Survey No.315 - on renumbering when transferred the said property to Jodhpur Gam, Ahmedabad) admeasuring 5 acre 36 gutha. It is the case of the petitioners that the present petitioners is having the possession of the land. Further, during proceeding of the suit proceedings, plaintiff Khodaji expired on 15.02.2009, leaving behind his legal heirs i.e. petitioners as well as respondent Nos.1 to 7 herein and accordingly, the present petitioners along with said respondents were brought on record of the suit proceedings as a legal heirs.
2.2 It
A plaintiff who has filed a pursis to unconditionally withdraw a suit has no right to challenge an impugned order related to the suit.
Order XXIII Rule 1 of the Civil Procedure Code gives the plaintiff an absolute right to withdraw the suit, and once the suit is sought to be withdrawn, the petitioner has no right to challenge the im....
The court affirmed that mere interest in property does not grant standing to object in execution proceedings if title has been conclusively determined.
A suit for mandatory injunction can be maintained without a claim for possession when established ownership rights exist, and repeated challenges to previous rulings may constitute an abuse of legal ....
Point of law : Applicants have been able to make out more than a prima facie case for grant of leave to appeal. The applicants could be said to be prima facie prejudicially affected by the consent de....
Withdrawal of a suit post-adjudication at the appellate stage requires strong justification to avoid prejudicing vested rights established by a prior decree.
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