N. V. ANJARIA, VAIBHAVI D. NANAVATI
Patel Vinodbhai Khodidas – Appellant
Versus
Patel Pravinbhai Kacharabhai – Respondent
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
Pushpa Devi Bhagat v. Rajinder Sinh (2006) 5 SCC 566
R. Rajanna v. S.R. Venkataswamy (2014) 15 SCC 471
Jatan Kanwar Golcha v. Golcha Properties Private Limited (1970) 3 SCC 573
Baldev Singh v. Surender Mohan Sharma (2003) 1 SCC 34
A. Subash Babu v. State of A.P. (2011) 7 SCC 616
Hardevinder Singh v. Paramjit Singh (2013) 9 SCC 261
Adi Pherozshah Gandhi v. H.M. Seervai AIR 1971 SC 385
Nookala Setharamaiah v. Kotaiah Naidu AIR 1970 SC 1354
Ravi Yashwant Bhoir v. District Collector
Bharat Karsondas Thakkar v. Kiran Construction Company (2008) 13 SCC 658
Patel Natvarlal Rupji v. Kondh Group Kheti Vishayak (1996) 7 SCC 690
Jayantilal Hansraj Shah v. Hemakuwarben Dolatraj Dave 1996 (1) GLH 893
Thakor Jamasherkhanji Tajkhanji v. Rajgor G.V. 1998 (3) GLR 1966
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.