ORAL ORDER

1. Being aggrieved and dissatisfied by impugned Order dated 17.3.2020 passed below Exh-5 by the learned Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Olpad in Special Civil Suit No. 18 of 2019, the original defendant Nos. 2 and 3 have preferred this Appeal from Order under Order 43, Rule 1 of the Code of Civil Procedure, 1908.

2. By the impugned order the trial Court has restrained the present Appellants – original defendant Nos. 2 and 3 from selling, transferring, alienating the suit property in question.

3. The brief facts of the case, as narrated by the appellants herein is that the agricultural land of Block No. 121 ad-measuring 01-22-42 Hec-Acre-Sq. Mtr. situated at village Kathodara, Taluka : Olpad, District: Surat was belonging to respondent No.1 (original plaintiff). The said land in question came to be sole by original owner to respondent No.2- original defendant No.1 by registered sale-deed dated 25.1.2018. The same was registered vide Registration No. 1447 before the Sub-Registrar, Olpad and Mutation entry in Revenue Record came to be entered vide Entry No. 7132 dated 26.2.2018, which came to be certified on

30.5.2018.

3.1 The said land came to be purchased by the present Appellants – original defendant Nos. 2 and 3 from respondent No.2- defendant No.1 vide Registered sale-deed dated 3.7.2018 by paying sale consideration of Rs. 40 Lakh and same was duly registered vide registration No. 11639 before the OfÏce of Sub- Registrar, Olpad and the same came to be mutated in the revenue record vide Entry No. 7140 dated 3.7.2018 and came to be certified on 7.8.2018. According to the Appellants, thus they became legal owners and occupier of the land in question.

3.2 The plaintiff i.e. Respondent No.1 filed the aforesaid Civil Suit No. 18 of 2019 against the respondent No.2 along with present Appellants and sought quashment of both the sale-deed dated 25.1.2018 and 3.7.2018 and in the alternative sought the market price of the land in question i.e. Rs. 20 Lakh along with interest from the defendant No.1. According to plaintiff, he has preferred the Suit on the ground of non-payment of sale consideration by the original defendant No.1. According to appellants, when they came to know regarding the filing of the Suit, they went to the original defendant No.1 from whom they have purchased the land in question and at that time, he informed them that he had paid remaining amount of sale consideration to the original plaintiff and for that there is no need to engage the lawyer and appear in the Suit proceedings as the original plaintiff is going to withdraw the Suit. It is contended that due to this fact, they did not appeared in the Suit proceedings.

3.3 It is contended that since trial Court has passed the order against them and they came to know regarding the same when they obtained village Form No. 7(12), they immediately inquired abou the status of the suit proceedings. Upon inquiry, it was known to them that their right to filing of reply has been closed by the Court below and exparte-order has been passed. It is alleged that there was complete lockdown due to Covid-19 Pandemic and, therefore, the Appellants could not initiate appropriate proceedings at the relevant point of time. It is also contended that on 11.9.2020, they had moved an application in the Suit proceedings with prayer to recall the order dated 17.3.2020 and prayed to hear and decide the Application Exh-5 afresh by permitting them to submit their reply. It is also contended that they have also submitted that their written reply along with documents. It is also contended that it was advised to them to file Appeal from Order before this Court and not to press that application. Under the circumstances, they have filed the present Appeal from Order.

3.4 The main grounds raised by the appellants herein is that they are bonafide purchasers of the land in question and they have paid sale-consideration of Rs. 40 Lakh by Cheque and purchased