IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4159 of 2017 With CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2025 In R/FIRST APPEAL NO. 4159 of 2017 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DEVAN M. DESAI ================================================================

Approved for Reporting Yes No ✓

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JAVAHAR ASHANAND BHATIYA & ANR.

Versus ANURUP BABULAL SHETH & ORS.

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Appearance:

MR Y J PATEL(3985) for the Appellant(s) No. 1,2 MR AS ASTHAVADI(3698) for the Defendant(s) No. 4 MR P P MAJMUDAR(5284) for the Defendant(s) No. 5,6 MR. NISHIT P GANDHI(6946) for the Defendant(s) No. 3 NOTICE NOT RECD BACK for the Defendant(s) No. 1 SERVED BY AFFIX(N) for the Defendant(s) No. 2 ================================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 09/03/2026

JUDGMENT

1. The present First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) by the appellants-original plaintiffs challenging judgment and decree dated 05.09.2017 passed in Special Civil Suit No.47 of 2016 by the learned Additional Senior Civil Judge, Kalol, Gandhinagar.

2. Heard learned advocate Mr. H.S. Tolia assisted by learned advocate Mr. Y.J. Patel for the appellants, learned advocate Mr. A.S. Athavadi for respondent No.4 and learned advocate Mr. Varun Bharda with learned advocate Mr. P.P. Majmudar for respondent Nos.5 and 6.

3. The brief facts of the case are as under:-

3.1. It is the case of the plaintiffs that the land admeasuring 06- 72-79 H-Are-Sq.Mtr. situated within the limits of Moje Village Khatrej, Taluka Kalol, District Gandhinagar (earlier Mehsana), was originally owned and occupied by Kahalia and Amthabhai Kahlia. The owners developed the land by preparing a layout for industrial purposes and applied to the concerned Taluka Panchayat for conversion of the land for non-agricultural use. The Taluka Panchayat, by its order dated 10.09.1990 granted non-agricultural permission for industrial use and approved the layout plan. Thereafter, co-owners of a Plot No.6/B of Plot No.6 admeasuring 330 sq. yard of land was sold to Jayantibhai Prahladbhai Patel by a registered sale deed dated 28.12.1992 bearing Registration No. 2439 of 1992. Thereafter, said Jayantibhai Prahladbhai Patel sold said Sub-Plot No.6/B (suit property) to Defendant No. 1 by a registered sale deed dated 20.05.1994 bearing Registration No. 1148 of 1994. Subsequently, plaintiffs purchased the said Sub-Plot No. 6/B from Defendant No. 1 for a consideration of Rs. 14,000/- by a registered sale deed dated 24.10.1997. From the date of the said registered sale deed, plaintiffs became the absolute owners and lawful occupants of the suit land and have continued to remain in peaceful possession thereof.

3.2. Defendant No.1, without any authority in law, executed registered sale deed in respect of the same suit land in favour of Defendant No.2 on 30.06.1999.

3.3. Plaintiff issued a legal notice dated 23/26-12-2007 to defendant No.4, as defendant No.4 being a Financial Institution was in process of selling suit property. Defendant in reply stated that defendant No.2 had availed financial assistance from defendant No.4 and has mortgaged suit property to defendant No.4. Defendant No. 4 further claimed to have taken possession of the suit land on 12.01.2001 under Section 29 of the State Financial Corporations Act, 1951, and proposed to sell the land by public auction. Defendant No.4 illegally transferred ownership to defendant No.3 without delivery of actual possession. Defendant No.3 on 15.06.2010 tried to forcibly obtain possession of suit land from plaintiff.

3.4. Plaintiffs filed Regular Civil Suit No. 159 of 2010 before the learned Principal Civil Judge, Kalol, seeking cancellation of the alleged auction sale and permanent injunction. During the pendency of th