MANSUKHBHAI MADHUBHAI PATEL Vs. MUNNABHAI SOMAJI ZALA

JUDGEMENT

(1.) Heard learned Advocate Mr. A. S. Vakil on behalf of the applicants.

(2.) By way of this application, the applicants seeks leave to challenge the judgment and order passed by the learned 3 rd Additional Senior Civil Judge, Mirzapur(Rural), Ahmedabad dtd. 3/1/2022 in Special Civil Suit No. 267 of 2021, more particularly, whereby the suit has been decreed on consensus between the parties to the suit.

(3.) Learned Advocate Mr. Vakil would draw the attention of this Court to the suit proceedings and would submit that the suit was preferred by the present opponents no. 1, 2 and 3 against opponent no. 4, more particularly, all the parties being family members and whereas, the prayer sought in the civil suit was for setting aside the registered Relinquishment deed dtd. 16/10/2017 whereby plaintiffs had relinquished their right in favour of the defendant. Learned Advocate Mr. Vakil would submit that in the civil suit, the parties, upon consensus, had tendered a consent term and based upon such consent terms whereby the defendant had agreed for setting aside of relinquishment deed dtd. 16/10/2017, the learned Civil Court had passed the consent decree.