Rajendrakumar Ramratan Arora vs Sankalchand Jechandbhai Patel
2021 Latest Caselaw 4636 Guj

                C/CA/1182/2020                                      ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CIVIL APPLICATION NO. 1182 of 2020
                             In
               R/FIRST APPEAL NO. 1260 of 2021

===================================
            RAJENDRAKUMAR RAMRATAN ARORA
                          Versus
            SANKALCHAND JECHANDBHAI PATEL
===================================
Appearance:
MR DILJITSINGH D RAKKAD(10567) for the Applicant(s) No. 1,2
SUDHANSHU A JHA(8345) for the Applicant(s) No. 1,2
MR SP MAJMUDAR(3456) for the Respondent(s) No. 1
MR. HJ KARATHIYA(7012) for the Respondent(s) No. 1
SHASHVATA U SHUKLA(8069) for the Respondent(s) No. 2,3
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CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                                 Date : 23/03/2021

                                   ORAL ORDER

Heard learned advocates for the appearing parties. Shri Majmudar, learned advocate for the respondent, submitted that the third party cannot file Appeal. However, when the application is filed seeking leave of this Court demonstrating clinchingly that the Court below, which has passed consent decree, has been befooled by the parties to the suit, the documents based on which the right is asserted in the said suit does not belong to the suit property itself or even from that very village itself.

           It      is    submitted      that        leave     to     appeal         is    not
maintainable.           However when fraud is committed with the





             C/CA/1182/2020                        ORDER

court, no such party can be encouraged to have fruits of such decree. Hence, reliance placed on the precedent being judgment and order in Civil Application No.5223 of 2016 by this Court is not helpful to the learned advocate for the respondent, as no such precedent propounded therein as argued.

Hence, leave to appeal is granted. The present application stands disposed of accordingly.

(UMESH A. TRIVEDI, J.)

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