NAVINBHAI BHIKHABHAI SHAH Vs. KAUSHIKBHAI KALIDAS PANCHOLI

JUDGEMENT

(1.) The present appellant, who was the original defendant in Regular Civil Suit No.152 of 2008 filed by the respondent plaintiff - appellant before the First Appellate Court in Regular Civil Appeal No.54 of 2011, has preferred this appeal under Section 100 of the Civil Procedure Code, 1908 against the judgment and order dated 15th November, 2011 as well as 29th September, 2016 passed by the Courts below. That, this appeal was pending for hearing of the admission since 2016. But, on account of change of advocates by the appellant, it could not be proceeded. Learned Counsel for the appellant has placed on record the paper book containing the documents relied upon by the Courts below with a request to consider this appeal. On a joint request being made by learned Counsels for the respective parties, this appeal is heard and decided finally.

(2.) Short facts of the present case may be referred as under:

(3.) Heard Mr.Ajay L. Pandav, learned Counsel for the appellant and Mr.R.D. Kinariwala, learned Counsel with Mr.Ajay B. Vakil, learned Counsel for the respondent.