JUDGMENT :

[Sonia Gokani, J.]

1. By way of the present application the applicant seeks to challenge the consent order and decree passed in Special Civil Suit No.516 of 2008 by the learned 21st Additional Senior Civil Judge, Vadodara on 28.01.2021.

2. The applicant was not a party to the Special Civil Suit No.516 of 2008 and therefore, the present application is preferred seeking leave of this Court to permit the applicant to file substantive appeal challenging the judgment and order dated 21.01.2021 and decree dated 28.01.2021.

3. Brief facts devoid of the details leading to the present application are as follow:

3.1 Opponent Nos.1 and 2 are the original plaintiffs, who preferred the Special Civil Suit No.516 of 2008 against the opponent Nos.3 to 25, who are the original defendants. The minor plaintiffs Nos.1 and 2 had claimed their shares to the tune of 18.51% in land bearing City Survey No.1-A2, Tikka No.27/15, 16 and 17 in Ward No.B at Moje Vadodara City admeasuring 1,22,718 square meters. The plaintiffs sought their right in the amount of compensation of the said land which was acquired by the State Government in connection with the Land Reference No.18 of 2006, which was pending. Seeking the declaration to the effect that the grandfather of the plaintiffs, late Shri Mahendrakumar Purshottambhai Desai did not have any legal right to execute a will as the suit land was a coparcener property. It was urged that only the plaintiffs and the original defendant Nos.5 to 12 and their heirs defendant Nos.18 to 23 were entitled to 100% share in the amount of compensation. Therefore, it was prayed to declare and hold that the orders/decree passed by the Civil Judge (Senior Division) Vadodara in Special Civil Suit No.116 of 2007 and Review Application No.169 of 2006 as well as the order passed in Review Application No.89 of 2007 be declared void.

3.2 They further sought the declaration that the defendant No.1 namely Mr.Jayantibhai Ramdas Patel did not have any right to the amount of compensation on the strength of the settlement arrived at by and between the parties in the proceedings of Special Civil Suit No.116 of 2007 and thereafter in both the Review Applications filed by both the defendants where they further sought the direction from the defendant No.1 namely Mr.Jayantibhai Ramdas Patel to re-deposit the amount of Rs.19,23,68,564/- to the Treasury of Government, which the defendant No.1 received in Reference Case No.18 of 2006 on the basis of a Will dated 22.08.1995. This defendant had obtained probate in Probate Application No.224 of 2001, which was revoked in Probate Application No.23 of 2003 or in the alternative, a decree for recovery of the said amount with 12% interest to be paid to the share of the coparceners had been requested. It was further prayed to pass a permanent injunction against the defendant No.1 from withdrawing the amount of compensation from defendant Nos.2 to 4 in Land Reference Case No.18 of 2006 with a further prayer that the defendant Nos.2 to 4 may be restrained from making payment of the said amount of compensation to the defendant No.1.

3.3 The plaintiffs as emerged from the record are the legal heirs of late Shri Mahendrakumar Purshottamrai Desai, who was the grandfather of the plaintiff and passed away on 31.10.1995. He was the original resident of Vadodara City and had his land at Vadodara. The land admeasuring 1,22,718 square meters came to the share of grandfather of the plaintiffs, which was acquired by the Government for public purpose.

3.4 Late Shri Mahendrakumar Purshottambhai Desai initiated the revenue proceedings against the authorities of the State Government. The same culminated into the order dated 29.11.1991 passed by the Gujarat Revenue Tribunal, whereby it was held that 53 Vighas and 18 Vasa land belong to the ownership of late Shri Mahendrakumar Desai.

3.5 The opponent No.3-State Government preferred Special Civil Suit No.776 of 1996 in the Court of Senior Civil Judge, Vadodara, whe