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2020 Supreme(SC) 30

R.BANUMATHI, A.S.BOPANNA, HRISHIKESH ROY
Gajaraba Bhikhubha Vadher – Appellant
Versus
Sumara Umar Amad (D) Thru Legal Heirs – Respondent


Advocates Appeared:
For the Petitioner(s):D.N. Ray, Lokesh Kumar Choudhary, Dillip Kumar Nayak, Disha Ray, Sumita Ray, Advocates
For the Respondent(s):Ankit Anandraj Shah, Saurabh Rajpal, Advocates

JUDGMENT :

A.S. Bopanna, J.

Leave granted.

2. The appellants are before this Court assailing the judgment dated 19.10.2016 passed by the High Court of Gujarat at Ahmedabad in Second Appeal No.12 of 2014. Through the said judgment, though the appeal is allowed in part to the extent of setting aside the decree dated 03.12.2012 passed in the Regular Appeal No.130 of 2005 and confirming the judgment dated 07.11.2012 in Regular Civil Appeal No.130 of 2005, the High Court has held that insofar as the locus of the appellants, they being third parties had no right to challenge the judgment and order passed by the Lower Appellate Court. The appellants being purchasers of plot in the land bearing Survey No.36 of Dhinchna, Taluk and District Jamnagar which is the subject matter of the suit are therefore, before this Court claiming to be aggrieved by the impugned judgment.

3. The appellants were not the parties to the suit nor in the regular appeal. However, the adverse judgment in the first and second appeal has led to the present appeal. The brief facts noticed for the limited purpose of disposal of this appeal is that the predecessors of the respondents No.1/1 to No.1/4, namely, Sumara Umar Ama


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