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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANJEEV J.THAKER
Kantaben Wd/o Mohanbhai Rathod – Appellant
Versus
Harijan Ashram Sabarmati Trust – Respondent
JUDGMENT :
SANJEEV J.THAKER, J.
1. The present Revision Application has been filed to quash and set aside the order dated 07.03.2024 and order dated 16.12.2023 passed in Appeal from Order No.24 of 2019 whereby the appellate bench of the Small Causes Court, Ahmedabad allowed application Exhibit-95 to join third party respondent No.2 in Appeal from Order and also allowed application Exhibit-115 of the appellant to amend the cause title of the appeal memo to join the respondent No.2 as party defendant and the trustee of respondent No.2 as defendant.
2. The parties are referred to plaintiff and defendant herein. Brief facts leading to the present Revision Application are as under:-
2.1 The plaintiff filed suit HRP Suit No.330 of 2014 with respect to three properties, (property No.1 mentioned in paragraph No.1 of the plaint, S.No.523, T.P. Scheme N.28, F.P. No.704, open land admeasuring 5000 sq. yards.) (Property No.2 mentioned in paragraph No.2 of the plaint, S.No.523, Ward No.83, T.P. Scheme No.28, F.P. No.704, Municipal Tenement No.0530-19-0771-0003-R, admeasuring 90.29 sq. mtr.) (Property No.3 mentioned in paragraph No.3of the plaint, S.No.523, admeasuring 1000 sq. yards), claiming that
The court upheld that a third-party trust can be joined in property disputes if property transfers are executed lawfully and do not violate existing status quo orders regarding possession.
(1) Interlocutory injunction—Appellate Court can interfere with order of trial court when it is found that discretion has been exercised by trial Court arbitrarily or capriciously or perversely or wh....
The court affirmed that mere interest in property does not grant standing to object in execution proceedings if title has been conclusively determined.
Subsequent purchasers possess the legal right to execute possession decrees under CPC without needing an assignment of the decree.
The validity of a registered gift deed remains intact until challenged; possession claims must be supported by substantial evidence rather than mere assertions.
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