JUDGMENT (CAV)

J.B. Pardiwala, J.—This First Appeal under Section 96 of the Code of Civil Procedure, 1908 [for short ‘The C.P.C.’] is at the instance of the original defendants nos.5 and 6 and is directed against the judgment and decree dated 26/02/2015 passed by the Additional Senior Civil Judge, Bardoli in the Special Civil Suit No.1 of 2011.

2. The facts giving rise to this First Appeal may be summarized as under:

2.1 The respondent no.1 – original plaintiff instituted the Special Civil Suit No.1 of 2011 in the Court of the Additional Senior Civil Judge, Bardoli and prayed for the following reliefs:

1. As the registered sale deed No.2560 executed on 15/11/2010 by the respondents nos.1 to 4 in favour of respondents nos.5 – 6 is without my consent though I am a member of the joint family and as the sale deed does not bear my signature, it is void ab initio. Therefore, declare that as I – the plaintiff possess and occupy the said property and as the possession of this property has not been handed over to respondents nos.5 – 6, this sale deed is null and void.

2. Pass decree declaring the sale-deed dated 15/11/2010 void as it is unlawful and without consideration and not enforce