JAYESHBHAI MOHANLAL GANDHI Vs. REKHA

JUDGEMENT

(1.) By way of present application, the applicant has prayed to grant him leave to prefer appeal against the judgment and decree dtd. 29/9/2021 passed by the learned 5 th Additional Senior Civil Judge, Surat in Special Civil Suit No.307/2019.

(2.) It is the case of the applicant herein that the original owners who are respondent Nos.3 to 5 had executed an Agreement to Sell with the present applicant on 13/4/2018 however, the original owners entered into an Agreement to Sell with the original plaintiffs of Special Civil Suit No.307/2019. The aforesaid suit came to be filed by the Agreement to Sell holder against the original owners.

(3.) During the pendency of the suit, both the parties have agreed for settlement and accordingly suit has been decreed in favour of the original plaintiffs who have got the decree behind the back of the present applicant though he is Agreement to Sell holder. It is also the case of the applicant that he has filed a suit being Special Civil Suit No.235/2021 for specific performance in the Court of learned Principal Senior Civil Judge, Surat which is pending for adjudication.