NARANBHAI KANJIBHAI GAJERA Vs. VINODBHAI SHANKARBHAI PATEL

JUDGEMENT

(1.) ADMIT. Learned advocates appear and waive service of notice of admission on behalf of the respective respondents.

(2.) The present appeal has been filed against the order dtd. 9/2/2022. passed by 2 Additional Senior Civil Judge, Ahmedabad (Rural), Ahmedabad (Rural) at Mirzapur below application Exh.14 being Special Civil Suit No. 122 of 2021, whereby the Trial Court has rejected the suit under Order 7, Rule 11(a) and (d) of the Civil Procedure Code, 1908 (the CPC).

(3.) Learned advocate Mr. Dhruvik K. Patel, appearing for the appellant has submitted that by the order dtd. 13/12/2022. passed in Second Appeal No. 208 of 2021, this Court has referred the issue raised in the present first appeal to the Larger Bench. He has submitted that the decision of the Division Bench in the case of Amarben Wd/o Ramjibhai Desai v. Udaji Kanaji (passed in First Appeal No. 1845 of 2017 dtd. 15/11/2017.) is not considered by the Division Bench in case of Ganpatlal Manjibhai Khatri v. Manguben Babaji Thakore reported in 2019 JX (Guj) 1122 (judgment dtd. 2/8/2019. passed in First Appeal No. 4979 of 2018) and hence, since the issue is pending, the present first appeal may not be taken up.