KANTIBHAI VITHTHALBHAI UKANI & ANR Vs. RANG INFRASTRUCTURE PRIVATE LIMITED A COMPANY REG UNDER COMPANIES ACT 1956 & 1

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned consent judgment and decree dated 21.04.2016 passed by learned Judge, Court No.2, City Civil & Sessions Court at Ahmedabad, passed in Civil Suit No.2513/2008, by which, on the basis of the consent terms between the original plaintiff and the defendant, opponent Nos.12 herein respectively, recording the consent terms, the learned trial Court has decreed the said suit in terms of the consent terms, the applicants herein (third parties) have preferred the accompanying First Appeal under Section 96 of the Code of Civil Procedure, 1908 (the CPC).

(2.) The facts leading to filing of the present application in nutshell are as under:

(3.) It is the case on behalf of the applicants that prior to the alleged agreement to sell in favour of the original plaintiff of Civil Suit No.2513/2008, the original land owner executed agreement to sell in favour of the present applicants and, for which the applicants herein instituted Civil Suit No.2251/2009 against the original land owner, in which even the plaintiff of Civil Suit No.2513/2008 was a party to the said suit. It is the case on behalf of the applicants that respondent No.1 herein alleged to be the subsequent agreement to sell holder instituted Civil Suit No.2313/2008 against the land owner for specific performance of agreement to sell dated 21.04.2007 and the parties to the said civil suit i.e. Civil Suit No.2513/2008 entered into a consent terms and obtained collusive consent decree and the original defendant of Civil Suit No.2513/2008original land owner agreed to execute the sale deed in favour of respondent No.1 hereinoriginal plaintiff of Civil Suit No.2513/2008, affecting the rights of the applicants herein in their Civil Suit No.2251/2009. That on the basis of the consent terms produced before learned Judge, Court No.2, City Civil & Sessions Court at Ahmedabad, in Civil Suit No.2513/2008, submitted by the parties to the said suit, the learned Judge recorded the consent terms and had passed a consent decree in favour of the original plaintiffrespondent No.1 herein of decree for specific performance of agreement to sell dated 21.04.2007 and had decreed the said suit accordingly. It appears that on the basis of the said consent decree, the original land ownerdefendant in Civil Suit No.2513/2008 has also subsequently executed the sale deed in favour of the original plaintiff of Civil Suit No.2513/2008 i.e. respondent No.1 herein.