KAMLESHBHAI AMBALAL CONTRACTOR Vs. JAKSHIBHAI SAJANBHAI BHARVAD

JUDGEMENT

(1.) THE appellants original plaintiffs in the suit have filed this Appeal From Order under Order 43, Rule 1 (u) of the Code of Civil Procedure challenging the order passed by the learned Presiding Officer, Fast Track Court No. 5, Ahmedabad (Rural) in Regular Civil Appeal No. 34 of 2008 preferred by the original defendants in the suit against the consent decree passed in the suit.

(2.) THIS Court has issued notice on 18. 05. 2009 and in Civil Application, the order was passed directing the parties to maintain status-quo.

(3.) IT is the case of the appellants that they have filed Regular Civil Suit No. 516 of 2008 in the Court of learned Principal Senior Civil Judge, Ahmedabad (Rural), Ahmedabad on 19. 07. 2008 seeking declaration against the present respondents original defendants to the effect that they have no right, title or interest in the suit property. The appellants have also prayed for permanent injunction restraining them from transferring, assigning or selling and/or creating any right, lien, charge or encumbrance of any third party on the suit property. The said suit came to be decided with consent of the parties on the basis of the consent terms filed on 25. 07. 2008 and consent decree was drawn accordingly. The said consent decree was challenged by the present respondents by filing Regular Civil Appeal No. 34 of 2008 in the Court of learned District and Sessions Judge, Ahmedabad (Rural) and the learned Presiding Officer, Fast Track Court No. 5, Ahmedabad (Rural) Mirzapur, Ahmedabad vide his order and judgment dated 24. 04. 2009 allowed the said appeal and set aside the decree passed by the learned Trial Judge.