Rajesh H.Shukla, J.—Rule. Learned advocate, Shri P.R. Thakkar waives service of notice of Rule for respondent nos.1 to 5.

2. The present Civil Application is filed by the applicant-third party seeking leave to appeal to file the Second Appeal challenging the impugned judgment and order in Regular Civil Appeal No.82 of 2004 by the learned 4th Additional District Judge, Bharuch dated 23.01.2015 on the grounds stated in the application.

3. As referred to in the details, Special Civil Suit No. 333 of 1993 came to be filed before the court of learned Civil Judge, Bharuch and it was dismissed in September 2004. The same was carried by way of Misc. Civil Appeal No. 23 of 1995 before the learned Assistant Judge, Bharuch and the same Appeal was allowed, by which the alienation and transfer of the suit land was restrained pending the hearing of the Suit. Though ultimately the Special Civil Suit No. 333 of 1993 came to be dismissed as stated herein above, against which First Appeal No. 82 of 2004 was filed though no stay was operating in the First Appeal. Thereafter further transactions took place as stated in detail by way of registered sale deed executed by Kashiben in favour