(1.) By the captioned Civil Applications, the applicants, i.e. the heirs of the original plaintiff are seeking permission to withdraw the Special Civil Suit no.186 of 2010 (hereinafter referred to as 'the suit in question'). The suit in question, came to be allowed vide judgment and decree dtd. 4/7/2012 (hereinafter referred to as 'the impugned judgment') and hence, the captioned First Appeals. As the prayer in both the captioned Civil Applications are common, same are heard together and being disposed of by this common judgment.
(2.) The suit in question was filed by the plaintiff - Kantilal Patel through his power of attorney - Dolly Patel challenging and seeking declaration with respect to the agreements dtd. 29/4/2010, 2/8/2010, 6/8/2010 and other agreements, they being voidable at the instance of the plaintiff. The agreements were with respect to land bearing survey no.250 admeasuring 168 acres and 39 gunthas situated at village Raiya, taluka & district Rajkot (hereinafter referred to as 'land in question'). As aforesaid, the suit in question came to be decreed by the judgment and decree dtd. 4/7/2012 and being aggrieved, Nakulan Paniker and Siddhi Infrastructure & Developers (defendant nos.1 and 2 respectively) have filed the captioned appeals respectively.
(3.) For the sake of convenience, the parties herein are referred to as per their status in the suit in question. Further, vide order dtd. 23/1/2024, this Court, allowed the applicants of Civil Application (for Joining Party) no.2 of 2013 (old no.5913 of 2013) in First Appeal no.2238 of 2012 (Heirs of Harishchandrasinhji Jadeja vs. Nakulan S. Paniker) and Civil Application (for Joining Party) no.1 of 2013 (old no.5914 of 2013) in First Appeal no.2239 of 2012 (Heirs of Harishchandrasinhji Jadeja vs. Siddhi Infrastructure and Developers) and Civil Application (for Joining Party) no.1 of 2021 in First Appeal no.2238 of 2012 and Civil Application (for Joining Party) no.1 of 2021 in First Appeal no.2239 of 2012 (Kalpesh Atmaram Patel vs. Nakulan Paniker and Siddhi Infrastructure respectively) to contest the captioned Civil Applications. Since the applicants are not joined formally, hereinafter, they are being referred to by name, i.e. Harishchandrasinhji Jadeja and Kalpesh Patel respectively. The order dtd. 23/1/2024 read thus: