ORDER :

1. Rule returnable forthwith. Learned advocate Mr. S.P. Majmudar waives service of rule on behalf of the respondent No. 2.

2. The present petition is filed praying for the following reliefs:

“(A) Your Lordships may be pleased to issue an appropriate writ, order or direction, quashing and setting aside the impugned order dated 13/02/2023 passed below Exhibit 23 in Special Civil Suit No. 84/2019 by learned Sixth Additional Senior Civil Judge, Jamnagar and be further pleased to grant relief as prayed for, by issuing necessary direction in the said context.

(B) Your Lordships may be pleased pending admission hearing and final disposal of this petition, be pleased to stay the operation, implementation and execution of the impugned order dated 13/02/2023 passed below Exhibit-23 in Special Civil Suit No. 84/2019.

(C) Your Lordships may be pleased to pass such other and further orders as maybe deemed just and proper.”

3. Brief facts of the case are as under:

3.1 Raja Bhoja and Devchand Nathu had entered into an agreement in the year 1973 to sell agriculture land of Naghedi Sim on the east farm named Lunasar admeasuring approximately acre 4-8 guntha having Survey No. 15 on 19/11/1973 at the rate of Rs. 1300/- per vigha, thus for total consideration Rs. 5000/-. As a part of this deal Raja Bhoja had paid Rs. 1000/- to Devchand Nathu, at that time Devchand Nathu had handed over the possession of the said land. Thereafter Devchand Nathu went to Kenya, the balance sale consideration Rs. 4000/- was to be paid. Raja Bhoja had paid the balance sale consideration Rs. 4000/- on 29/2/1980 and thereafter additional amount of Rs. 2000/- was paid on 19/07/1980. As per the terms of the agreement Raja Bhoja was always ready and willing to perform his part of the agreement. However, in the meanwhile Devchand Nathu expired in Kenya, therefore the registered sale deed for the said land could not be executed.

3.2 Thereafter for the protection of his rights vested in the said land Raja Bhoja Mer had filed Regular Civil Suit No. 27/2013 before the court of the Principal Senior Civil Judge, Jamnagar for declaration and permanent injunction. In the meanwhile the power of attorney holder executed a registered sale deed for the said land in favour of Farukh Haji Amad, therefore as per the the power of attorney holder Pravinbhai Meghji and Farukh Haji Amad were joined as party in the said proceedings. In the matter of Regular Civil suit No. 27/2013 the learned 4th Additional Senior Civil Judge, Jamnagar was pleased to grant interim injunction till the hearing of Exh.5 application vide its orders dated 16/11/2018. The above orders dated 16/11/2018 came to be challenged by the defendants before the honourable High Court of Gujarat in CRA No. 499/2019. Wherein the honourable High Court was pleased to grant ad-interim relief till the returnable date. Thereafter the respondent Raja Bhoja expired on 23/9/2020, and the learned advocate appearing for the respondent declared before the honourable court and therefore the advocate for the respondent had requested time so that the legal heirs may be brought on records. Thereafter due to the prevailing pandemic COVID-19 the matter was not listed, and is pending before the honourable High Court at this stage.

3.3 During the period, when the Regular Civil Suit No. 27/2013 was pending before the honourable court, the heirs of Devchand Nathu had made a Release Deed in favour of Pravin Meghi having Release Deed No. 646/15 on 4/11/15. Amongst the authors of the Release Deed, one author Kishorilal had expired on 6/1/2017. Taking advantage of this fact Pravin Meghji had on the basis of the said Release Deed executed Sale Deed No. 908/2018 on 24/9/2018 and sold the said land to Farukh Amad.

3.4 After Raja Bhoja came to know about the above movement he had immediately filed Special Civil Suit No. 84/2019 for declaration and for holding the sale deed null and void and for obtaining permanent injunction, and also prayed for directions so