Bachubhai Premjibhai Pandav vs Morarbhai Somabhai Aahir
2022 Latest Caselaw 10269 Guj

    C/CA/1282/2022                                          ORDER DATED: 20/12/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 1282 of 2022

                     In F/SECOND APPEAL NO. 23886 of 2022

                                    With
                     R/CIVIL APPLICATION NO. 1283 of 2022
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                       BACHUBHAI PREMJIBHAI PANDAV
                                  Versus
                        MORARBHAI SOMABHAI AAHIR
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Appearance:
MR SALIL M THAKORE(5821) for the Applicant(s) No. 1
 for the Respondent(s) No. 3
MR DIGANT POPAT with MR DILIP L KANOJIYA(3691) for the
Respondent(s) No. 1
MR MEHUL SHAH, Senior Counsel with MR RISHABH R JAIN(12326) for
the Respondent(s) No. 2,3.1,3.2,3.3
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 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                Date : 20/12/2022

                                 ORAL ORDER

By way of these Civil Applications, the applicant - third party / registered sale deed holder has approached this Court seeking, inter-alia, leave to file an Appeal challenging the consent judgment and decree dated 1/8.6.2022 passed by the learned 6th Additional District and Sessions Judge, Surat in Regular Civil Appeal No.158 of 2021.

Heard Mr.Salil Thakore, learned counsel for the applicant, Mr.Digant Popat, learned counsel with Mr.Dilip Kanojiya, learned counsel for respondent No.1 and Mehul Shah, learned Senior Counsel assisted by Mr.Rishabh Jain,

C/CA/1282/2022 ORDER DATED: 20/12/2022

learned counsel for respondent No.2.

At the outset, the parties have arrived at broad consensus so far as the Leave to Appeal is concerned. In view of the aforesaid broad consensus arrived at between the parties, the present Civil Application for leave to appeal is hereby allowed, without any deliberation on the merits of the case, including the locus standi of the applicant to file Second Appeal, maintainability of the Second Appeal as well as the entitlement.

Accordingly, present Civil Applications are hereby allowed and the applicant is hereby granted leave to file Second Appeal.

It is, however, clarified that both the parties are permitted to agitate all the issues at the time of admission of Second Appeal.

The main Second Appeal is hereby directed to be listed on 5.1.2023. Till then, the arrangement continued till today, shall remain in force.

(NIRAL R. MEHTA,J) V.J. SATWARA