- (1.) THIS appeal is at the instance of third parties to a suit and is directed against a consent decree dated April 16, 2012 passed by the learned trial Judge.
(2.) IT appears from the record that one M/s. Giriraj Land Corporation, respondent no.1 herein, filed a suit against one Bharatkumar Harikrishnabhai Trivedi, by describing him as the constituted attorney of Kanjibhai Nanjibhai Tank and Lavjibhai Nanjibhai Tank, the predecessors -in -interest of the present appellants.
(3.) BEFORE a date was fixed for hearing of the suit, Bharatkumar Harikrishnabhai Trivedi, the alleged constituted attorney entered appearance and filed an application for passing a consent decree against himself as constituted attorney of the predecessor -in -interest of the present appellants and the trial court passed a consent decree in favour of the plaintiff -respondent no.1 herein. The present appeal has been filed alleging that there was no service of notice separately upon the two persons indicated above, but the notice was served only upon Bharatkumar Harikrishnabhai Trivedi who was not really a constituted attorney of the predecessors -in -interest of the appellants. According to the appellants, as Bharatkumar Harikrishnabhai Trivedi was not their constituted attorney, by virtue of a consent given by the said person, right of the present appellants in the property has not been affected in any way.;