Jayeshbhai Mohanlal Gandhi vs Rekha Alias Rashmikaben ...
2023 Latest Caselaw 778 Guj

     C/CA/105/2022                            ORDER DATED: 31/01/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CIVIL APPLICATION NO. 105 of 2022
               In F/FIRST APPEAL NO. 1653 of 2022
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                 JAYESHBHAI MOHANLAL GANDHI
                               Versus
   REKHA ALIAS RASHMIKABEN BALKRUSHNA JARIWALA AND W/O
                RAJANBHAI THAKORBHAI JARIWALA
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Appearance:
MR SP MAJMUDAR(3456) for the Applicant(s) No. 1
MR HJ KARATHIYA(7012) for the Applicant(s) No. 1
SERVED BY AFFIX(N) for the Respondent(s) No. 1,2,3,4,5
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  CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
         and
         HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                          Date : 31/01/2023

                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

By way of present application, the applicant has prayed to grant him leave to prefer appeal against the judgment and decree dated 29.09.2021 passed by the learned 5 th Additional Senior Civil Judge, Surat in Special Civil Suit No.307/2019.

It is the case of the applicant herein that the original owners who are respondent Nos.3 to 5 had executed an Agreement to Sell with the present applicant on 13.04.2018 however, the original owners entered into an Agreement to Sell with the original plaintiffs of Special Civil Suit No.307/2019. The aforesaid suit came to be filed by the Agreement to Sell holder against the original owners.

During the pendency of the suit, both the parties have

C/CA/105/2022 ORDER DATED: 31/01/2023

agreed for settlement and accordingly suit has been decreed in favour of the original plaintiffs who have got the decree behind the back of the present applicant though he is Agreement to Sell holder. It is also the case of the applicant that he has filed a suit being Special Civil Suit No.235/2021 for specific performance in the Court of learned Principal Senior Civil Judge, Surat which is pending for adjudication.

Though respondents have been served, they have chosen not to appear before this Court.

On 18.01.2022, learned advocate Mr. Vicky B. Mehta appeared before this Court and submitted that he would file his appearance however, has not filed his appearance.

Considering the above aspect, we are of the considered opinion that present application requires consideration. Hence, present application is allowed and applicant is permitted to file First Appeal against the judgment and decree dated 29.09.2021 passed by the learned 5th Additional Senior Civil Judge, Surat in Special Civil Suit No.307/2019.

Registry is directed to list First Appeal on 14.02.2023.

(A.J. DESAI, J.)

(RAJENDRA M. SAREEN, J.)

Ajay