SHANTABEN Vs. RAVJIBHAI MOTIBHAI PATEL

JUDGEMENT

(1.) Though not ordinarily done, in view of peculiar facts, we prefer to record our brief reasons for admitting this appeal.

(2.) Appellant-Shantaben has three brothers viz. Parshottambhai Jaisinghbhai Patel, deceased Vithhalbhai Jaisinghbhai Patel represented by his son Vinod Vithhalbhai Patel and Ambubhai Jaisinghbhai Patel. The issue pertains to land bearing Survey Nos. 239 and 241/2 of Village: Sekhpur, Tal.-Kamrej, Dist. Surat. Shantaben claims 1/4th share in such lands alongwith other family land holdings by virtue of her father dying intestate on 04.08.1997. She has filed Regular Civil Suit No. 21 of 2011 claiming partition of the property and assigning her 1/4th share. When this suit was pending, opponent Nos. 1 and 2 herein filed Special Civil Suit No. 521 of 2015, in which, Parshottambhai Patel and Vinod Vithhallbhai Patel were shown as defendants. Neither Shantaben nor the third brother Ambubhai Patel were joined as defendants. According to these plaintiffs, there were multiple agreements oral as well as written executed by the said two defendants for sale of the land in question. They also pleaded that the sale consideration was fully paid over. They therefore, prayed for a direction to the defendants to execute sale deed in their favour. The suit was filed on 13.10.2015. The defendants resisted the suit by filing written statement on 03.12.2015. However, the plaintiff and the defendants presented a compromise pursis before the Civil Court on 08.01.2016 in which, the defendants agreed to all the statements in the suit. The learned Senior Civil Judge executed such compromise and decreed the suit in terms of such compromise by an order dated 21.01.2016. While doing so, he provided that the decree will not bind anyone other than the parties to the suit nor will be prejudicial to the interest of non-parties to the suit.

(3.) This judgement and decree is challenged by Shantaben in the present appeal. By an order dated 09.03.2017, Division Bench granted leave to appeal keeping all contentions open at the time of admission of the appeal.