JASODABEN GOVINDLAL SHAH Vs. GOPALDAS SHANTILAL ARYA

JUDGEMENT

(1.) RULE in Civil Application No. 9448 of 2012 in Second Appeal No.190 of 2010 as well as Civil Application No. 7276 of 2012 in Second Appeal No.190 of 2010. Mr.K.V. Shelat, learned advocate appearing on behalf of the respondent in the said applications, waives the service of notice of rule.

(2.) WITH the consent of the learned advocates appearing on behalf of the respective parties and in the facts and circumstances of the case, all these matters are taken up for final hearing today and heard, decided and disposed of by this common judgement and order.

(3.) PRESENT Second Appeal No.190 of 2010 has been preferred under section 100 of the Code of Civil Procedure by the appellant original plaintiff to quash and set aside the impugned judgement and decree passed by the learned 5th Additional Senior Civil Judge, Ahmedabad Rural in Regular Civil Suit No.637 of 2003 (Original Special Civil Suit No.77 of 1999) dtd.29/11/2005 by which the learned trial court has dismissed the said suit preferred by the appellant plaintiff. The appellant original plaintiff has also prayed to quash and set aside the judgement and order passed by the learned appellate court learned Additional Sessions Judge, Presiding Officer, FTC No.5, Ahmedabad (Rural) in Regular Civil Appeal No.24 of 2006 by which the learned appellate court has dismissed the said appeal; preferred by the appellant original defendant confirming the judgement and decree passed by the learned trial court in dismissing the suit.