Nandkunwar Association vs Manjhulaben Ratilal And Bros
2021 Latest Caselaw 985 Guj

          C/CA/1612/2019                                           ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 1612 of 2019
                   In F/FIRST APPEAL NO. 6469 of 2019

==========================================================
                       NANDKUNWAR ASSOCIATION
                                Versus
                     MANJHULABEN RATILAL AND BROS
==========================================================
Appearance:
MR CHIRAYU A MEHTA(3256) for the Applicant(s) No.
1,1.1,1.10,1.2,1.3,1.4,1.5,1.6,1.7,1.8,1.9
 for the Respondent(s) No.
1,10,100,101,102,103,104,105,106,107,108,109,11,110,111,112,113,114,115
,116,117,118,119,12,120,121,122,123,124,125,126,127,128,129,13,130,131,
132,133,134,135,136,137,138,139,14,140,141,142,143,144,145,146,147,148,
149,15,150,151,152,153,154,155,156,157,158,159,16,160,161,162,163,164,1
65,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,34,35,36,37,38,3
9,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,57,58,59,6,60,61,6
2,63,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,78,79,8,80,81,82,83,84,85,
86,87,88,89,9,90,91,92,93,94,95,96,97,98,99
==========================================================

 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                           Date : 21/01/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Chirayu Mehta for the applicants.

2. The applicants herein have prayed to grant leave to appeal to challenge judgment and decree dated 28th December, 2017 passed by learned 3rd Additional Senior Civil Judge, Ahmedabad Rural, Mirzapur, in Special Civil Suit No.9 of 1997. Thereby the defendants of the said suit were directed to hand

C/CA/1612/2019 ORDER

over vacant and peaceful possession of the land bearing Survey Nos.32/1 to 32/4 at Village Thaltej, Taluka Daskroi, District Ahmedabad, within the stipulated time.

3. Having felt aggrieved by the said judgment and decree, the present applicants have stated in this application that they all are the flat holders of one Prayosha Apartment, Krupa Siddhi Apartment and Krupa Riddhi Apartment respectively. The said apartments, it is stated by learned advocate that, are construction and situated on the aforesaid suit land in respect of which the decree for possession is passed. It is the case of the applicants that they were neither impleaded as party in the suit nor any summons or notice is issued. It is the case that entire proceedings before the trial court were conducted ex parte and behind the back of the applicants.

5. When the applicants are the flat holders as above and which buildings are situated on the suit land, it could be said that the applicants are aggrieved persons because of the decree passed in the aforesaid suit. When they have prayed for leave to appeal, the same deserves to be granted.

6. Accordingly, the present application is granted in terms of prayer 6(B) to prefer appeal subject to the other procedural orders, which may be required to be passed including for the delay condonation in the First Appeal, on merits.

C/CA/1612/2019 ORDER

7. This application is allowed in the aforesaid terms and with the above condition.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) ANUP