BIPINBHAI MANMOHANDAS SHAH Vs. SAMIRBHAI JITENDRABHAI PATEL

JUDGEMENT

(1.) By way of the present appeal filed under Section 96 of the Code of Civil Procedure, 1908, the appellant - original defendant No.2 - Bipinbhai Manmohandas Shah has challenged the judgment and decree dated 3.11.2018 passed by the learned 8th Additional Senior Civil Judge, Vadodara (hereinafter referred to as 'the learned Trial Court') in Special Civil Suit No.838 of 2011 by which the learned Trial Court has decreed the suit in part and has directed the present appellant to hand over vacant and physical possession of the first floor consisting of 3 rooms and kitchen of House No.24 situated in Nirman Society, Rustam Patel Marg, Alkapuri, Vadodara (hereinafter referred to as 'the property in question') to the present respondent Nos.1 to 9 - original plaintiffs. The learned Trial Court further directed the appellant to pay an amount of Rs.2,50,000/- to the respondent Nos.1 to 9 towards damages.

(2.) The respondent Nos.1 to 9 had filed Caveat and have been represented through learned advocate Mr. N. K. Majmudar. On 19.12.2018, the coordinate Bench of this Court extended the stay granted by the learned Trial Court against operation, implementation and execution of the impugned judgment and decree. Thereafter, the appeal was listed number of times and on 19.11.2019, this Court called for the records and proceedings of Special Civil Suit No.838 of 2011 from the learned Trial Court. Accordingly, the Records and Proceedings of the Special Civil Suit was received by the registry of this Court and hence, the present appeal is decided at the admission stage after hearing the learned advocates appearing for the respective parties as well as after going through the Records and Proceedings.

(3.) The short facts of the case are as under :-