THAKOR CHAMANJI MAGANJI Vs. PATEL RAMESHBHAI MANEKLAL

JUDGEMENT

(1.) Heard the learned advocates.

(2.) The Appeal is admitted on the following substantial question of law.

(3.) This Appeal, preferred under Section 100 CPC, arises from the judgment and Order dated 26th April, 2007 passed by the Presiding Officer, Fast Track Court No.2, Gandhinagar District at Kalol in Regular Civil Appeal No. 70 of 2005. The appellant before this Court is the defendant in Special Civil Suit No. 61 of 1996. The respondent-plaintiff instituted Special Civil Suit No. 61 of 1996 in the Court of learned Civil Judge [SD], Mehsana for specific performance of agreement for sale of the suit land. The said suit was allowed by the learned Civil Judge by judgment and order dated 15th April, 2002. Feeling aggrieved, the defendant preferred First Appeal No. 295 of 2005 in this Court. In view of the enactment of the Gujarat Civil Courts Act, 2005, the said First Appeal stood transferred to the District Court, Gandhinagar. The appeal was registered as Regular Civil Appeal No. 70 of 2005. The Fast Track Court, Gandhinagar at Kalol heard and decided the said appeal. The lower appellate Court was pleased to dismiss the appeal by impugned judgment and order dated 26th April, 2007. Therefore, the present Appeal.