NIRMIL JITENDRABHAI SHAH Vs. KARAN DEVENDRA RABARI

JUDGEMENT

(1.) Heard learned advocate Ms. Jayini D. Thakore appearing for learned advocate Mr. Dipen Desai for the petitioner, learned advocate Mr. Kishan R. Chakwawala for the respondent No.1 and learned advocate Mr. D.C. Sejpal for the newly added respondent No.2.

(2.) The present petition is filed by the petitioner by being aggrieved and dissatisfied with the impugned judgment and order dtd. 23/8/2022 passed by learned nd 2 Additional Senior Civil Judge, Sanand below Exh.22 in Special Civil Suit No.31 of 2022, whereby the application for impleading Niyati Nirmil Shah as defendant No.2, is filed, which is rejected by learned trial Court.

(3.) Brief facts of the case are as such that the petitioner is in search of appropriate property in the city. The petitioner came across a scheme namely Glade-One at Sanand, Ahmedabad, which was being developed by one of the most prominent developers of Ahmedabad. It is the case of the petitioner, after visiting the site in person, found the same to suit his requirements and accordingly, the petitioner on 3/8/2018 by virtue of a Registered Sale Deed bearing No.9336 purchased an immovable property bearing unit No.W67 admeasuring 200.29 sq. meters constructed upon a plot admeasuring 1215 sq. meters forming part of land bearing survey No.1065/3P, 1065/7 and 1065/2 in Village Modasar, Taluka Sanand, Registration District Ahmedabad for a sale consideration of Rs.1,02,72,400.00. The petitioner has also submitted that a share certificate bearing No.448 also came to be issued to the petitioner by the society. It is the case of the petitioner that the wife of the petitioner namely Niyati Nirmil Shah whose maiden name was Neha Shah, whom the petitioner had married in 1996 and who had mothered two children namely Malaika born in 1999 and Sahir born in 2002 with the petitioner, was suffering from acute psychological disorder, more particularly, known as Dis-social Personality Disorder which disabled her from acting rationally since 2004. On account of the aforementioned disorder, she took actions and decisions which were completely and utterly unacceptable and did not suit any social standard or norms.