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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ., D.N.RAY
Vasharambhai Sagharambhai Bharvad – Appellant
Versus
Rajdhani Co. Operative Housing Society Ltd. – Respondent
JUDGMENT :
SUNITA AGARWAL, CJ.
At the outset, we may note that on the request made by Mr. P.K.Shukla, the learned advocate appearing for the appellant in F/Letters Patent Appeal No. 38284 of 2025 that one more appeal against the common judgment and order dated 16.10.2025 has been filed by the appellant herein, we have summoned the record of F/Letter Patent Appeal No. 5050 of 2026 from the Registry which has been filed yesterday only, i.e. 12.02.2026 by the appellant herein, and is still under scrutiny.
2. Further, as the issues raised in both the Letters Patent Appeal, namely the present one and F/Letters Patent Appeal No. 5050 of 2026 are one and the same, inasmuch as, they are arising out of a common judgment of the learned single Judge, we have proceeded to hear both the appeals, including F/Letters Patent Appeal No. 5050 of 2026 at the filling stage itself, with the consent of the learned counsels for the parties.
3. The delay in filling the Letters Patent Appeals has not been explained to the satisfaction of the Court in the delay condonation applications supporting the memo of the appeals. We do not find any good ground to condone the delay. However, since the learned counsel for
Fraudulent consent decrees and unilateral cancellation deeds are void and non est in law; the court can quash such documents under Articles 226 and 227, asserting that fraud must not be tolerated in ....
A consent decree obtained by fraud is a nullity and can be challenged in any court, reinforcing the principle that fraud vitiates all judicial acts.
A registered Agreement of Sale-cum-GPA cannot be unilaterally cancelled.
A legal right cannot arise from an unlawful act, and a judgment, decree, or order obtained by fraud is null and void. The court can invoke its inherent powers under Articles 226 and 227 of the Consti....
A writ petition is not maintainable to challenge the registration of a cancellation deed executed unilaterally by the settlor of a settlement deed. The proper remedy for the aggrieved party is to fil....
The Registration Act does not empower registrars to cancel documents, which must instead be challenged in civil court for allegations of fraud.
A settlement obtained through misrepresentation and fraud can be cancelled by the state without notice, as it violates principles of natural justice.
Unilateral cancellation of sale deeds by a society is invalid if statutory notice is not given, and established possession takes precedence.
Parties invoking extraordinary jurisdiction must disclose all relevant facts; suppression of material facts constitutes an abuse of process and may lead to dismissal of the petition.
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