DHANJI BHIMJI PATEL Vs. KESARA BHIMJI PATEL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dtd. 25/4/2007 passed by the learned Principal Senior Civil Judge, Bhuj-Kutch in Review Application No.23 of 2005, whereby the review application was allowed and further directed to draw a final decree in consonance with the preliminary decree dtd. 16/5/1997 passed in Special Civil Suit No.144 of 1987.

(2.) This Court has heard learned counsel J.A. Adeshra appearing for and on behalf of the petitioners. The copy of final order dtd. 13/9/2021 passed in Regular Civil Appeal No.6 of 2021, tendered by the counsel is taken on record.

(3.) Having heard the learned counsel for the petitioner and having gone through the case records, it appears that the original suit being registered as Special Civil Suit No.144 of 1987 was filed by one Kesharbhai Patel for the partition of the suit property. On conclusion of the trial, the learned trial Court was pleased to allow the suit by judgement and order dtd. 16/5/1997 and declared the shares of the parties in the suit property and accordingly preliminary decree was passed vide order dtd. 3/5/2005 and the same was challenged by way of filing First Appeal before this Court. The appeal was withdrawn on 3/11/2004, on the ground that there was a settlement arrived at between the parties, consequently, final decree was passed by an order dtd. 3/5/2005. The present petitioner moved review application under Order XLIII Rule 1 before the learned Principal Judge, Bhuj on 13/6/2005, mainly on the ground that the final decree was passed contrary to the preliminary decree on the basis of concocted and false document and same was dismissed by the Court vide order dtd. 25/4/2007. The Appeal being RCA No.6/2012, filed against the final decree was disposed of by the learned Additional District Judge at Bhuj-Kutch vide order dtd. 13/9/2021 and it was partly allowed.