(Per : HONOURABLE MR.JUSTICE V. M.
SAHAI) We have heard Mr.K.M.Patel, learned Senior Counsel assisted by learned advocate Mr.Palak Thakkar for the appellant and learned counsel Mr.Shirish Joshi for the respondent No.1.
Learned counsel for the appellant has urged that the tribunal has considered that no sale deed was executed by the appellant and only agreement to sell was executed which will not confer any title on Bhatia Virambhai Devabhai - respondent No.5 herein and the tribunal has considered this aspect of the matter. The learned counsel for the appellant has submitted that the learned Single Judge has committed an error in allowing the writ petition in remanding the matter back when the evidence has already been considered by the tribunal.
Learned counsel for the respondent No.1 has urged that as per agreement to sell and power of attorney executed by the appellant, the appellant could have mortgaged the property in security the loan taken by Virambhai Devabhai Bhatia from the Ashapuri Co-operative Credit Society and the said society for recovery of its loan, could auction the property. Virambhai Devabhai Bhatia - respondent No.5 herein had only a limited right and he was not the owner of the land as no sale deed of land was executed by the appellant in favour of Virambhai and prima facie the title remains with the appellant and, therefore, the appellant is entitled to the interim order.
Learned counsel for the respondent No.1 states that the appellant be restrained from transferring, alienating or selling the land of the property in dispute.
In aforesaid view of the matter, these applications are allowed. The impugned order dated 19.10.2011 passed by the learned Single Judge in Special Civil Applications No.15324 to 15336 of 2011 shall remain stayed. However, it is made clear that, during the pendency of the appeal, the appellant shall not transfer, alienate or change the nature of the land in dispute. Civil Applications are accordingly disposed of. Direct service is permitted.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top