PATEL VINODBHAI KHODIDAS Vs. PATEL PRAVINBHAI KACHARABHAI

JUDGEMENT

(1.) What the applicants in this Civil Application seek is leave to appeal against judgment and decree dated 29th July, 2020 passed by learned 2nd Additional Senior Civil Judge, Patan in Special Civil Suit No.31 of 2012. The said suit was for specific performance instituted by the plaintiff Patel Pravinbhai Kachrabhai - respondent No.1 herein against Patel Vasantkumar and Patel Jyotsnaben Vasantkumar respondent Nos.2 and 3. It ended up with a settlement between the parties, on the basis of which Purshis Exh.116 was tendered, whereupon the compromise decree between the parties to the suit came to be passed by the court.

(2.) The precise question that falls for consideration is whether in the facts of the case the applicants herein, who were not party to the suit which resulted into compromise decree between the parties to the suit, could be said to be 'aggrieved person' to be entitled to be conferred right to appeal and to be consequentially granted leave to appeal.

(3.) The basic facts may be set out. The Special Civil Suit of the plaintiff for specific performance was based on agreement to sell dated 29th June, 2008 read with supplementary agreement dated 27th September, 2011 executed by the defendants in relation to land survey No.800/1 situated at Village Gungadipati, Taluka Patan. As per the compromise Purshis, the defendants admitted the said agreements to sell for the agreed consideration of Rs.48,42,062/-, out of which Rs.21,064/- was paid as earnest money. The balance amount was paid by the plaintiff to the defendants, and in turn, the defendants handed over the possession of the subject matter land to the plaintiff. The court passed decree in terms of the compromise as per the Purshis Exh.116.