SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Guj) 231

N. V. ANJARIA, VAIBHAVI D. NANAVATI
Patel Vinodbhai Khodidas – Appellant
Versus
Patel Pravinbhai Kacharabhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Rasesh H Parikh(3862) Mr.Hemang H Parikh(2628)
For the Respondent: Mr Hriday Buch(2372)

JUDGMENT :

N.V.ANJARIA, J.

1. What the applicants in this Civil Application seek is leave to appeal against judgment and decree dated 29th July, 2020 passed by learned 2nd Additional Senior Civil Judge, Patan in Special Civil Suit No.31 of 2012. The said suit was for specific performance instituted by the plaintiff Patel Pravinbhai Kachrabhai - respondent No.1 herein against Patel Vasantkumar and Patel Jyotsnaben Vasantkumar – respondent Nos.2 and 3. It ended up with a settlement between the parties, on the basis of which Purshis Exh.116 was tendered, whereupon the compromise decree between the parties to the suit came to be passed by the court.

2. The precise question that falls for consideration is whether in the facts of the case the applicants herein, who were not party to the suit which resulted into compromise decree between the parties to the suit, could be said to be 'aggrieved person' to be entitled to be conferred right to appeal and to be consequentially granted leave to appeal.

3. The basic facts may be set out. The Special Civil Suit of the plaintiff for specific performance was based on agreement to sell dated 29th June, 2008 read with supplementary agreement dated 27th S

                            Click Here to Read the rest of this document
                            1
                            2
                            3
                            4
                            5
                            6
                            7
                            8
                            9
                            10
                            11
                            SupremeToday Portrait Ad
                            supreme today icon
                            logo-black

                            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                            Please visit our Training & Support
                            Center or Contact Us for assistance

                            qr

                            Scan Me!

                            India’s Legal research and Law Firm App, Download now!

                            For Daily Legal Updates, Join us on :

                            whatsapp-icon telegram-icon
                            whatsapp-icon Back to top