(1.) This is an application filed by the applicant for leave to appeal to challenge the consent decree dtd. 9/9/2017 passed by the 4th Additional Senior Civil Judge, Ahmedabad (Rural) in Special Civil Suit No. 540 of 2016.
(2.) I have heard Mr. Jay Kansara, learned advocate for M/s. Wadia Ghandy and Co., Mr. JF Mehta, learned advocate for respondent No. 1 and Mr. Jignesh Shah, learned advocate for respondent No. 2.
(3.) Mr. Kansara, learned advocate for the applicant submits that the applicant purchased four plots admeasuring 400 sq. yard each on 20/1/1976. On 17/9/1996, as per the say of respondent No. 2, a Banachitthi in respect of the subject plots was executed in his favour by the husband of the applicant. Thereafter on 26/3/2004, an agreement to sale was executed by respondent No. 2 in favour of respondent No. 1 without making the present applicant, who is the owner of the subject plots as confirming party. He further submits that on 15/4/2016 another agreement to sale (titled as sale deed) was executed by respondent No. 2 in favour of the respondent No. 1. Thereafter a supplementary agreement dtd. 15/4/2016 was executed purportedly handing over possession of the subject plots to respondent No. 1. On the same date, respondent No. 2 also executed one general power of attorney in favour of the respondent No. 1. He submits that further memorandum of understanding dtd. 13/9/2016 was executed by respondent No. 2 in favour of respondent No. 1 reiterating the agreement to sale between them is still subsisting and they are bound by the terms of the said agreement.