IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/APPEAL FROM ORDER NO. 33 of 2017 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2017 In R/APPEAL FROM ORDER NO. 33 of 2017 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2018 In R/APPEAL FROM ORDER NO. 33 of 2017 With CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2017 In R/APPEAL FROM ORDER NO. 33 of 2017 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 3 of 2017 In R/APPEAL FROM ORDER NO. 33 of 2017 With R/APPEAL FROM ORDER NO. 16 of 2017 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 4 of 2017 In R/APPEAL FROM ORDER NO. 16 of 2017 With CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2017 In R/APPEAL FROM ORDER NO. 16 of 2017 With CIVIL APPLICATION (FOR STAY) NO. 2 of 2017 In R/APPEAL FROM ORDER NO. 16 of 2017 With R/APPEAL FROM ORDER NO. 18 of 2017 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2018 In R/APPEAL FROM ORDER NO. 18 of 2017 With CIVIL APPLICATION (FOR DIRECTION) NO. 4 of 2017 In R/APPEAL FROM ORDER NO. 18 of 2017 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 5 of 2017 In R/APPEAL FROM ORDER NO. 18 of 2017 With CIVIL APPLICATION (FOR STAY) NO. 3 of 2017 In R/APPEAL FROM ORDER NO. 18 of 2017 With R/APPEAL FROM ORDER NO. 19 of 2017 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2018 In R/APPEAL FROM ORDER NO. 19 of 2017 With CIVIL APPLICATION (FOR DIRECTION) NO. 4 of 2017 In R/APPEAL FROM ORDER NO. 19 of 2017 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 5 of 2017 In R/APPEAL FROM ORDER NO. 19 of 2017 With CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 1 of 2017 In R/APPEAL FROM ORDER NO. 19 of 2017 With CIVIL APPLICATION (FOR STAY) NO. 3 of 2017 In R/APPEAL FROM ORDER NO. 19 of 2017 With R/APPEAL FROM ORDER NO. 35 of 2017 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2018 In R/APPEAL FROM ORDER NO. 35 of 2017 With CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2017 In R/APPEAL FROM ORDER NO. 35 of 2017 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2017 In R/APPEAL FROM ORDER NO. 35 of 2017 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 4 of 2017 In R/APPEAL FROM ORDER NO. 35 of 2017 With R/APPEAL FROM ORDER NO. 36 of 2017 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2018 In R/APPEAL FROM ORDER NO. 36 of 2017 With CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2017 In R/APPEAL FROM ORDER NO. 36 of 2017 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2017 In R/APPEAL FROM ORDER NO. 36 of 2017 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 4 of 2017 In R/APPEAL FROM ORDER NO. 36 of 2017 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2018 In R/APPEAL FROM ORDER NO. 16 of 2017 ==========================================================

SAKINA SULTANALI SUNESARA (MOMIN) & 3 other(s)

Versus SHIA IMAMI ISMAILI MOMIN JAMAT SAMAJ & 3 other(s)

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Appearance:

MR AS VAKIL(962) for the Appellant(s) No. 1,2,3,4 MR DHAVAL D VYAS(3225) for the Respondent(s) No. 3 MR DJ BHATT(164) for the Respondent(s) No. 2 MR MANAV A MEHTA(3246) for the Respondent(s) No. 1 MR MUKESH A PATEL(636) for the Respondent(s) No. 4 MR NACHIKET A DAVE(5308) for the Respondent(s) No. 2 ==========================================================

CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI Date : 06/09/2019 COMMON ORAL ORDER

1. This group of Appeals from Orders is filed under Order-43 of the Civil Procedure Code challenging the impugned respective decrees based on consent by alleging fraud being practiced.

2. It appears that the day on which the appeals came to be entertained by this Court while issuing notice after considering the details, reasoned order was passed on 18.1.2017 for issuance of the notice upon the respondents and in the meantime, the impugned judgments and decrees came to be stayed. The said judgment dated 18.1.2017 which is passed in one of such matters, is reproduced hereinafter:-

Present AO pertains to land bearing CTS No.322, Survey No.93/1, C.T.S. No.321, Survey No.96/1 and C.T.S. No.323, Survey No.94 situated at Taluka Sidd