(1.) The present reference has been placed before this Bench under an order dtd. 13/1/2023 passed by the then Hon'ble the Chief Justice.
(2.) By order dtd. 13/12/2022 in Second Appeal No. 208 of 2021, the following questions have been referred to a Larger Bench : -
(3.) It is noted by the learned Single Judge in the referral order that another Division Bench of this Court (without any details) had taken a contrary decision at an earlier point of time, which was not placed before the subsequent Division Bench in Ganpatlal Manjibhai Khatri,Ganpatlal Manjibhai Khatri Vs. Maguben Babaji Thakor reported in 2019 (0) AIJEL - HC -241533. The question was, thus, framed as to whether there is conflict in the decision of two Division Benches given at different point of time and that the conflict is to be resolved by the Larger Bench.