VARSHABEN LILARAM KHATRI Vs. PRIYANVANDANBEN HARISHANKAR RAJYAGURU

JUDGEMENT

(1.) By this review application under Sec. 114, read with Order 47 Rule 1 of the Civil Procedure Code, the applicantsthird party, have prayed for review and/or recall of the order dtd. 15/11/2021, passed in Special Civil Application No.16208 of 2013. The Coordinate Bench of this Court, directed the applicants-third party to handover the possession of the land admeasuring 180 square yards as per the details mentioned in the application Exh.61, which was filed by the original plaintiffs-decree holder in Execution Petition No.24 of 2004.

(2.) Facts and circumstances giving rise to file present review application are as under:

(3.) In the aforesaid background, the applicants being third party, have preferred the present review application against the order dtd. 15/11/2021, passed in Special Civil Application No.16208 of 2013, mainly on the ground that, the order directing the applicants to handover the possession is in violation of principle of natural justice as admittedly since 2000, the applicants are in possession and occupation of the three different plots and same were purchased by registered sale deed paying full amount of consideration to Vallabhdas Bhalodiya. The original plaintiffs i.e. decree holder suppressed the material facts in the application Exh.61 and despite the disclosure of the names of the applicants by Vallabhdas Bhalodiya, the applicants were not impleaded in the said special civil application as a party respondents. Thus, the Court was misled by directing the applicants to part with the possession of the land admeasuring 180 square yards.