DAYARAM NEMABHAI PATEL Vs. CHHAGANBHAI NEMABHAI PATEL

JUDGEMENT

(1.) HEARD Ld. Advocates for the parties at length on different dates and perused the record of the Appeal From Order [hereinafter referred to as 'AO'] as well as relevant paper book filed by the parties and record of Special Civil Application No. 21689/2005 [hereinafter referred to as 'SCA'] Pursuant to order dated 27/4/2006, such Special Civil Application with Civil Applications are to be notified with this AO, since both the matters are arising out of the same litigation between the same parties before the trial Court.

(2.) PRESENT AO is filed against judgment and order dated 23/10/2001 passed below exh. 5 in Special Civil Suit No. 377/2000 by 3rd Joint Civil Judge [S.D.] at Surat. The said Civil Suit was filed by the present appellants against present respondents, who are original defendants and now some of them are legal heirs of original defendants, since pending the appeal, some of the original defendants have expired and their legal heirs are joined as such at relevant time as per order of the Court in concerned application preferred by the appellants for the purpose.

(3.) CONSIDERING the fact that factual details in both the matters are common and practically it is interlinked or connected though one is AO and another is SCA, but against orders in same civil suit, it would be appropriate to decide both these matters by this consolidated judgment and order.