Gujarat High Court
Mayursinh Bhupatsinh Vaghela vs Poonamsinh Babaji Solanki on 10 February, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/CA/845/2025 ORDER DATED: 10/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 845 of
2025
In F/LETTERS PATENT APPEAL NO. 35504 of 2024
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MAYURSINH BHUPATSINH VAGHELA
Versus
POONAMSINH BABAJI SOLANKI & ORS.
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Appearance:
MR MEHUL SHARAD SHAH(773) for the Applicant(s) No. 1
ARCHANABEN B GOSWAMI(8154) for the Respondent(s) No.
2,3,4,4.1,4.2,4.3
MS HETAL PATEL, AGP for the Respondent(s) No. 5,6,7,8
MR BHADRESH C PATEL(598) for the Respondent(s) No. 1
MR HK THAKOR(6182) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 10/02/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. Heard learned counsels for the parties and perused the
record.
2. The instant application seeking leave to appeal though is
delayed, but it has been explained to our satisfaction
that the applicant was not aware of the judgment and
order dated 24.11.2022, which was passed on the basis
of the compromise between the original petitioner and
the respondent therein, behind the back of the applicant.
It is the case of the applicant that the original
NEUTRAL CITATION
C/CA/845/2025 ORDER DATED: 10/02/2025
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respondent in the Writ petition viz. Special Civil
Application No. 11870 of 2019 had parted away with
their right in the property in question, subject matter of
the Writ petition by execution of a registered sale deed
dated 17.12.2018. The execution of the said sale deed
was well within the knowledge of the original petitioner,
who had filed a Special Civil Suit No. 42 of 2019 on
28.02.2019 impleading the applicant herein as defendant
no.4 therein seeking relief for cancellation of the
registered sale deed dated 17.12.2018.
3. It is submitted that during the pendency of the civil suit,
the Writ petition challenging the order passed by the
SSRD dated 07.06.2019 of confirmation of the order
dated 10.10.2016 passed by the Deputy Collector in
cancellation of the revenue entry no.7361, was filed
without impleading the applicant who was necessary and
proper party to the proceedings drawn by the original
petitioner/plaintiff in the aforesaid suit. The vendors of
the sale deed dated 17.12.2018 who were impleaded in
the Writ petition had entered into a compromise with the
original petitioner in a collusive manner so as to
frustrate the right, title and interest of the applicant in
the property in question, wherein the original
respondents had parted away their right and interest.
The civil suit was later withdrawn in the year 2024 by
submitting a withdrawal purshis.
4. The fact remains that the judgment and order dated
24.11.2022 based on the compromise was obtained by
the original petitioner seeking for restoration of the
NEUTRAL CITATION
C/CA/845/2025 ORDER DATED: 10/02/2025
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revenue entry no. 7361 in the revenue records with
respect to the property in question, by playing fraud
without impleading the applicant to whom the right, title
and interest was transferred in the land in question on
the date of presentation of the Writ petition and who had
an interest in the property in question as on 24.11.2022,
when the Writ petition was decided in terms of the
compromise arrived between the original petitioner and
the defendants, viz. vendors of the sale deed dated
17.12.2018.
5. Taking note of the above, we find it fit and proper in the
interest of justice to allow the application seeking leave
to appeal. The office is directed to do the needful. The
learned counsel for the appellant is permitted to file an
application seeking for condonation of delay in filing the
instant appeal. The appeal be assigned a proper number
by the office.
6. The application once filed and the appeal being assigned
proper number by the office, shall be listed.
Let the entire original record of Special Civil Application
No. 11870 of 2019 be placed along with this appeal
when the case is next listed.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
BIJOY B. PILLAI
