1. Heard learned advocate Mr. S.P. Majmudar with learned advocate Mr. Jamshed Kavina for the petitioner.

2. The present application is filed under Art.227 of the Constitution of India seeking following reliefs : -
"(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus / certiorari or a writ in the nature of mandamus / certiorari or any other appropriate writ, order or direction quashing and setting aside impugned order dated 13.02.2025 passed below Exh.38 in Special Civil Suit No.86 of 2017 by the Additional Senior Civil Judge Sanand, Ahmedabad (Rural) (ANNEXURE - RR) and further be pleased to allow application Exh.38 in Special Civil Suit No.86 of 2017 in the interest of justice;
(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the implementation of the impugned order dated 13.02.2025 passed below Exh.38 in Special Civil Suit No.86 of 2017 by the Additional Senior Civil Judge Sanand, Ahmedabad (Rural) (ANNEXURE - RR) and further be pleased to stay the proceedings of Special Civil Suit No.86 of 2017 pending before the Additional Senior Civil Judge Sanand, Ahmedabad (Rural);
(C) Pass any such other and / or further orders that may be thought just and proper, in the facts and circumstances of the present case;

3. The parties will be referred as far as possible as per their original position in the suit.
Short facts of the case.

4. The respondent Nos. 1 to 3 are the original plaintiff of Special Civil Suit No. 380 of 2009 filed before the Principal Senior Civil Judge, Ahmedabad (Rural). The petitioner herein is the original defendant No.13 of the said suit.
4.1 The suit is filed seeking declaration, injunction in relation to the suit property situated at Village - Sanand, District : Ahmedabad at Block No. 441 paiki, gunta 1047, admeasuring 18,218 sq.mtre. (H.R. Sq. Mtr. - 1-82-18), the suit property is non - agricultural land.
4.2 The plaintiffs are challenging the various sale - deeds which are executed between the defendant Nos.13 to 16. The notice of suit came to be served upon the defendant No.13 by the Court Bailiff, albeit received by the wife of the defendant No.13 on 15.09.2009.
4.3 The defendant No.13 though served chosen not to appear in the suit, thereby the suit was ordered to be proceeded ex - parte. It appears that due to administrative order of this Court and the District Court concerned, the aforesaid suit came to be transferred to Sanand Court. It appears from the case status of the said suit available on the web - site of Civil Court, Ahmedabad, such suit came to be disposed of and transferred to the aforesaid Court vide its order dated 28.11.2017.
4.4 It further appears that on transfer of suit in the Civil Court, Sanand, it has been given new number being Special Civil Suit No. 86 of 2017. It further appears from the case status of the aforesaid suit which is pending before the Civil Court, Sanand that on receipt of the suit the Court concerned at Sanand, it has issued notice on 16.01.2018 to the parties. This fact has some relevance which will be discussed in later part of this judgement.
4.5 The transferee Court i.e. Civil Court, Sanand has allowed injunction application vide its order dated 29.11.2023 (Annexure - Z) wherein it has been clearly recorded in Para - 2 of the said order that notice issued by this Court upon defendants are served. The defendants No. 15 and 16 are served through public notice. It has been further observed that despite service of notice, the defendants have chosen not to appear and neither filed any written statement against the plaint nor reply to documentary injunction application. So, the trial Court has closed right of the defendant No.13 to submit their written statement and ordered the suit to proceed ex - parte against him.
4.6 The defendant No.13 for the first time appeared in the suit through his Advocate on 20th July, 2024 by filing an application below Exh. 36 contending inter - alia that he was not served with