SWAMI SHIVRAMDASJI GURU RAMSARANDASJI Vs. VASANTIBEN DAHYABHAI MODI

JUDGEMENT

(1.) The appellant seeks to challenge order dated 22.7.2011 passed by learned Single Judge in CA No. 4706 of 2011 preferred under the provisions of Order 22, Rule 4A of CPC and the consequent order passed by learned Single Judge on the same day i.e. 22.7.2011 in F.A No. 58 of 1987, declaring First Appeal No. 58 of 1987 as abetted on the demise of the original appellant.

(2.) The facts relevant for the purpose of deciding this appeal can be summarised as under : -

(3.) We have heard learned Counsel Mr. Mehul Suresh Shah, appearing for the appellant. He would submit that the learned Single Judge has failed to consider the order at Annexure "A" and in disregard of it, order at Annexure "D" is passed. He would submit that learned Single Judge has erred in rejecting C.A No. 4706 of 2011 simply because respondent opposed the same, without deciding the merits of CA No. 4706 of 2011 and the law applicable in this regard. He submitted that the learned Single Judge has ignored the judgment rendered by learned Single Judge of this Court in SCA No. 17831 of 2003, allowing the appellant to represent the estate of the original appellant late Ramsarandasji, in another Suit against tenants in the suit property instituted by the respondents.