Sumitbhai Devchand Savaliya vs Ijamatkhan Mirkhan
2022 Latest Caselaw 6254 Guj

     C/SCA/2333/2017                          ORDER DATED: 13/07/2022




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 2333 of 2017

===============================================
           SUMITBHAI DEVCHAND SAVALIYA & 2 other(s)
                          Versus
               IJAMATKHAN MIRKHAN & 4 other(s)
===============================================
Appearance:
MR SUNIL S JOSHI(2925) for the Petitioner(s) No. 1,2,3
DELETED for the Respondent(s) No. 5
MR HR LATHIGARA(423) for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3,4
===============================================

 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                          Date : 13/07/2022

                            ORAL ORDER

1. This petition is filed by the petitioners under Article 227 of the Constitution of India challenging the judgment and order dated 17.01.2017 passed by the learned 02nd Additional Senior Civil Judge, Ahmedabad (Rural), below application Exhibit - 107, refusing to recast the issue, as suggested by the petitioners in para-3 of the application Exhibit - 107.

2. However, at the time of hearing, Mr. Sunil Joshi, learned advocate for the petitioners submitted that issue No.2, framed vide Exhibit - 22, which casts reverse burden on the defendant to prove that the plaintiffs have executed legal and valid sale deed or not, which is otherwise the burden of the plaintiffs when they claim right based on the said sale deed to be the owner of the property and the possession thereof.

C/SCA/2333/2017 ORDER DATED: 13/07/2022

3. However, Mr. Lathigara, learned advocate for contesting respondent Nos.1 & 2 herein - original plaintiffs have agreed that if issue No.2, framed at Exhibit -22 dated 08.05.2015, is deleted, they have no objection.

4. Mr. Sunil Joshi, learned advocate for the petitioners submitted that if that issue is deleted, his grievance would be more or less satisfied and therefore, he would not press this petition.

5. In view of the concession by the learned advocate for respondent Nos.1 & 2 - plaintiffs, issue No.2, framed below Exhibit -22 dated 08.05.2015 by the then 05 th Additional Senior Civil Judge, Ahmedabad (Rural), is hereby deleted and in view thereof, learned advocate for the petitioners does not press this petition.

6. Accordingly, the present petition stands disposed of as not pressed. Notice is discharged. Ad-interim relief granted earlier stands vacated.

(UMESH A. TRIVEDI, J) Lalji Desai