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J. C. DOSHI
Dinbandhu Dinanath Prajapati – Appellant
Versus
Devenbhai Mafatlal Patel – Respondent
JUDGMENT (CAV)
The instant petition under Article 227 of the Constitution of India is filed seeking following reliefs:
“(A) The Hon’ble Court may be pleased to quash and set aside the impugned order dated 04.11.2022 passed in application below Exh.5 in Civil Misc. Application No.208 of 2022, annexed at Annexure-A to the petition.
(B) Pending final hearing and disposal of this petition, the Hon’ble Court be pleased to stay the execution, operation and implementation of the impugned order dated 04.11.2022 passed in application below. Exh.5 in Civil Misc. Application No.208 of 2022, annexed at Annexure-A to the petition.”
2. Brief facts of the case are as under:
2.1 That an agreement to sale dated 27.07.1979 was executed between the petitioner’s father Dinanath Poonamchand Prajapati and Samubhal Kanjibhai Patel whereby Samubhal Kanjibhai Patel agreed to sale land bearing survey No.497 admeasuring 6 Acres and 37 Gunthas and land bearing survey No.499 admeasuring 3 Acres and 00 Gunthas to the father of the petitioner. thereafter registered sale deed no. 1965 dated 31.03.1980 was executed by Samubhal Kanjibhal with respect to land bearing survey no. 497 admeasuring Acre 4.24 guntha wi
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Execution of a preliminary decree is not maintainable without a final decree, necessitating adherence to prescribed procedures for partition.
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