CHANCHAL BHURABHAI TRUST Vs. PRAMODKUMAR VIJAYBAHADURSING CHOUHAN

JUDGEMENT

(1.) THE present application has been preferred by the applicant - Trust seeking leave to prefer Appeal against the Judgment and the Decree dated 7.3.2013 passed by City Civil Court, Ahmedabad, whereby the defendant therein, who is respondent No.2, is directed to hand over the possession of the suit premises with mesne profit as per the Decree.

(2.) WE have heard Mr. Buch with Mr. Patel for the applicant.

(3.) MR . Buch, learned Counsel for the applicant did concede to the position that the landlord of the applicant which is another Trust, had filed application to be impleaded as party in the pending Suit, but such permission was not granted and his landlord has not carried the matter before the higher forum. It is also submitted that the Suit has been preferred by his landlord before the Civil Court seeking prayer for declaration to assert right in the property and the said Suit is also pending. It was submitted that inspite of the same the Executing Court did not accept the application under O-21, R-58 of C.P.C. and rejected the same vide order dated 10.5.2013, the copy whereof is produced at Page-57 of the compilation of the Appeal. It has been, therefore, submitted that there is a good ground for granting leave to Appeal and, therefore, such permission may be granted.