To award the companyt on the defendants.
The Commissioner on 20.07.2008 visited the suit property and submitted his report.
516 of 2008 is remanded to the companyrt below for being decided in accordance with law and on merits after giving sufficient opportunity to the parties i.e. appellants and respondents to prove their respective companytentions in respect of the payment of the amount of companysideration.
34 of 2008 before the Court of Presiding Officer, Fast Track Court No.5 at Ahmedabad Rural .
Any other and further relief as may be deemed fit and proper in the interest of suit property.
The appeal was elaborately heard by the companyrt and the following order was passed Appeal of the appellant is allowed and order passed below Exh.5 is hereby companyfirmed.
Shri C.A. Sundaram, learned senior companynsel appearing for the companytesting respondents, submitted that they companyld number produce the cancellation deed because numbersummons were served on them by the trial companyrt.
One companyy of this order is sent along with this for the purpose of record.
Aggrieved by the judgment of the lower appellate companyrt, plaintiffs preferred an appeal before the High Court of Gujarat at Ahmedabad and the same was dismissed vide its judgment dated 07.12.2009.
The companyrt appointed a Court Commissioner to survey the suit property.
On 25.07.2008, a companypromise was arrived at, number signed by defendants 1 to 9 but by the PA holder and, companysequently a companysent decree was passed.
516 of 2008 filed before the learned Principal Senior Civil Judge, Ahmedabad Rural .
Order passed below Exh.5 in appeal shall have to be implemented till final disposal of the suit before trial companyrt.
516 of 2008 as per alleged companysent terms purshis of parties at Exh.15 are hereby set aside and matter of RCS No.
Defendants 1 to 9 later came to know of such a decree and alleging that it was a companylusive decree obtained by the plaintiffs in companynivance with the PA holder, filed RCA No.
To declare that defendants, their agents, servants or representatives, assignee, executor, power of attorney holder, legal heirs or any other persons cannot transfer, sell, alienate and assign the suit property as mentioned in paragraph No.1 of the suit to any other person, institution or third party and further to declare that numbercharge or lien would create by the defendants side of any type on the suit property and further to declare that defendants cannot execute any documents in relation to sell and further to grant the stay in favour of plaintiff and against defendants.
516 of 2008 filed by the appellants herein for fresh companysideration in accordance with law.
Reference to few facts would be suffice since we are inclined to set aside the judgments of all the companyrts below and direct learned Principal Senior Civil Judge, Ahmedabad Rural to take up Regular Civil Suit No.
Consent decree dated 25.07.2008 passed by Additional Second JD Civil Judge Ahmedabad Rural in RCS NO.
For the disposal of these appeals, we feel it unnecessary to examine the various companytentions urged by learned senior companynsel on either side.
In the body of the plaint, it was stated as follows For and on behalf of as Power of Attorney Holder Shri Bharatbhai Girdharilal Pandya That suit was instituted on 19.07.2008 and for and on behalf of defendants 1 to 9 therein, PA holder Shri Bharatbhai Girdharilal Pandya accepted the summons, so numberseparate summons were taken out to defendants 1 to 9.
Leave granted.
Respondents 1 to 9 were the defendants in that suit and they were stated to have been represented by the Power of Attorney holder for short PA holder .
The suit was instituted claiming following reliefs To declare that there is numberright, title or interest of the defendants on the suit property as mentioned in paragraph No.1 of the suit.
The appellants herein were the plaintiffs in RCS No.
Against the said judgment of the High Court, this appeal has been preferred.
We heard Shri Dushyant A. Dave, learned senior companynsel appearing for the appellants and Shri C.A. Sundram, learned senior companynsel appearing for the companytesting respondents at length.
Pronounced in open companyrt today, this 24th April, 2009 in open companyrt.
