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J. B. PARDIWALA, K. V. VISWANATHAN
Mohammadhanif Mohammadibrahim Patel – Appellant
Versus
Pallaviben Rajendra Kumar Patel – Respondent
| Table of Content |
|---|
| 1. background of the appeal and suits (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 2. judicial stance on interim relief (Para 10 , 11 , 12) |
| 3. clarification of appellate court powers (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. setting aside impugned orders and remitting case (Para 23 , 24 , 25) |
| 5. final orders and next steps (Para 26 , 27 , 28 , 29 , 30 , 31) |
ORDER :
2. Our order dated 13.10.2025 reads thus;-
3. The respondents-original defendants although served with the notice issued by this Court yet have chosen not to remain present before this Court and oppose this appeal.
5. It appears from the materials on record that the appellants challenged the legality and validity of two consent decrees passed by the Civil Court on the ground of fraud by instituting two Civil Suits i.e. (1) Special Civil Suit No. 1036 of 1999 and (2) Special Civil Suit No. 1035 of 1999, respectively.
7. The appellants herein, being dissatisfied with the dismissal of the Special Civil Suit No. 1035 of 1999, preferred Regular Civil Appeal No. 205 of 2024 in the Court of District Judge, Vadodara.
9. The appellate court declined to grant the relief as prayed for, saying that as the suit had stood dismis
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