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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DEVAN M.DESAI
Legal Heirs of Dec. Jayantilal Dahyalal Raju @ Rajesh Jayantilal Mandlewala – Appellant
Versus
L.H. of Dec. Hiralal Chandulal – Respondent
| Table of Content |
|---|
| 1. petition for quashing an order (Para 1) |
| 2. arguments regarding burden of proof and procedure (Para 3 , 4) |
| 3. court's analysis on trial court's conduct (Para 5 , 6 , 7) |
| 4. conclusion and stay of proceedings (Para 8 , 9) |
ORDER :
1. The present petition is filed by the petitioner seeking quashing and setting aside the order passed below Exhibit 175 dated 19.01.2026 by the Principal Senior Civil Judge, Kathor, District - Surat in new Special Civil Suit No. 206 of 2017 (Special Civil Suit No. 233 of 2015).
2. Heard learned advocate Mr. Jamshed Kavina for the petitioner.
3. Learned advocate for the petitioner contended that the suit is filed by the plaintiff - petitioner for the cancellation of the registered sale deed executed in favour of defendant No. 1 by defendant No. 4. Defendant No. 2 is a son of defendant No. 1. It is submitted that the plaintiff has closed his side of leading evidence. It is submitted that burden of proving issue No. 5 rests on the defendant Nos. 1 and 2. After recording evidence of defendant No. 2, below Exhibit No. 161, defendant No. 2 prayed for issuance of the witness summons to District Inspector Land Records, Surat, on 10.03.2025. On the same d
The court emphasized adherence to due process, underlining that the burden of proof rests on parties and endorsing disposed applications without court permission is a procedural anomaly.
The courts upheld the validity of a sale deed executed by a relative, finding no proof of ownership or possession by the appellant, thus affirming the dismissal of the appeal.
The court emphasizes that administrative actions regarding property must await the resolution of pending appeals to ensure fairness and legal compliance.
Point of Law : Suit for specific performance and permanent injunction – Agreement of Sale - non mentioning of the correct survey number in the agreement of sale cannot be held to be due to inadverten....
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