JUDGMENT (ORAL)

This appeal has been filed at the instance of the appellant herein original plaintiff against the order passed by the learned 2nd Additional Senior Civil Judge, Kalol, whereby the learned Judge was pleased to dismiss the application Exh.5 filed by the appellant herein original plaintiff.

2. The facts leading to the filing of this appeal may be summarized as follows:—

2.1 It is the case of the plaintiff that the property in question is the lands being Survey Nos. 347 to 356, 359, 360, 361, 363, 364, 366, 367, 372, 374 to 379, 381/B, 2017, 2018, 2021 to 2024, 2026, 2028, 2030 in total admeasuring 3,85,351.28 square meter paiki 3,34,448 square meter i.e. 4,00,000 square yard situated at mauje village – Santej, Taluka & District – Kalol (hereinafter referred to as “lands in question” for short).

2.2 It is also the case of the plaintiff that the respondent no.2 society, being the original owner of the subject lands, has executed one agreement to sell dated 29.04.2021 in favour of the respondent nos.1 and 3 and the said agreement to sell clearly mentions that the respondent nos.1 and 3 includes their heirs, successors, assignees etc. as mentioned in the said agreement to se