PATEL RAJNIBHAI PARSHOTTAMBHAI Vs. PATEL SATISHBHAI PARSHOTTAMBHAI

JUDGEMENT

(1.) Heard learned Advocate Mr.Malav Mulani for the appellant, learned Advocate Ms.Shaili Shah for respondent No.1 and learned Advocate Mr.Digant Popat for respondent No.2.

(2.) By way of the present appeal, the appellant has questioned judgement dtd. 25/8/2022 passed by learned City Civil Court, Ahmedabad in Civil Misc. Application No.589 of 2022 in Civil Misc. Application No.430 of 2021, more particularly, whereby the appellant had sought cancellation/recall of judgement and order dtd. 12/4/2022 passed by the City Civil Court, Ahmedabad.

(3.) Learned Advocates, under the instructions, are on a broad consensus that since the application preferred by respondent No.1 herein being Civil Misc. Application No.430 of 2021, in which the judgement and order, which are impugned in the First Appeal had been passed, might not have been preferred under the relevant provisions, therefore, if appropriate liberty to prefer an application afresh is reserved in favour of respondent No.2 - original applicant, then the present First Appeal could be disposed of, more particularly with a direction to the learned City Civil Court, Ahmedabad to decide the application as expeditiously as possible.