Hastashilp Khadi Gramodhyog ... vs L H Of Jasvantbhai Vrajlal Sompura
2021 Latest Caselaw 1691 Guj

          C/SA/175/2020                                          ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SECOND APPEAL NO. 175 of 2020

                               With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                 In R/SECOND APPEAL NO. 175 of 2020
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            HASTASHILP KHADI GRAMODHYOG SANSTHAN
                             Versus
              L H OF JASVANTBHAI VRAJLAL SOMPURA
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Appearance:
MR PARESH M DARJI(3700) for the Appellant(s) No. 1,2,3,4,5,6,7,8
for the Respondent(s) No. 2
NIYATI V VAISHNAV(6168) for the Respondent(s) No. 1,1.1,1.2,1.3
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                               Date : 04/02/2021

                                ORAL ORDER

Order in Second Appeal

Heard Mr. Paresh M. Darji, learned advocate for the appellant and Mr. Ajay Mehta, learned advocate appearing for Ms. Niyati V. Vaishnav, learned advocate for the respondents.

Second Appeal is admitted.

Following substantial questions of law arise for determination of this appeal :­

"(1) Whether the learned lower appellate court justified in deciding the issue of res judicata applicable to the present appellant under Section 11 of the Code of Civil Procedure ?

          C/SA/175/2020                                           ORDER



   (2)        Whether the appellate Court justified in

believing that the registered gift deed stand cancelled in view of settlement in earlier suit ?

(3) Whether the appellate Court is justified in reversing the findings of facts recorded based on the principle of estopple ?

(4) Whether the appellate Court was required to follow Order 41 Rule 31 of the Civil Procedure Code, 1908 ?"

Order in Civil Application

Heard Mr. Paresh M. Darji, learned advocate for the applicant and Mr. Ajay Mehta, learned advocate appearing for Ms. Niyati V. Vaishnav, learned advocate for the respondents.

In the meantime, impugned judgment and order dated 19.11.2019 passed by the learned Principal Judge, Banaskantha at Palanpur in Regular Civil Appeal No.8 of 2010 partly allowing the appeal against the judgment and order dated 26.2.2010 passed by the learned Principal Senior Civil Judge, Palanpur in Regular Civil Suit No.14 of 2004 is stayed on the condition that the applicant shall deposit the amount of Rs.3,21,000/­ before the District Court, Palanpur within a period of eight weeks.

Mr. Paresh M. Darji, learned advocate for

C/SA/175/2020 ORDER

the applicant further submitted that the Court Commissioner report states that the possession is with the applicant­appellant. Mr. Ajay Mehta, learned advocate appearing for the respondents has refuted the statement made by Mr. Paresh Darji, learned advocate for the applicant.

In the interest of justice and to strike the balance between the parties, let status­quo be maintained as on today for the subject property on the condition that the appellant shall continue to deposit the amount of rent as per the settlement deed dated 6.12.2003 with the District Court, Palanur.

The matter to be listed on 3.5.2021.

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED