1 The present appeal is filed under Section 96 of the
Code of Civil Procedure, 1908, challenging the
judgment and order dated 28.04.2025 passed by the
learned Additional Judge, City Civil Court, Ahmedabad
in Civil Suit No.146 of 2017, whereby the application
filed by the appellant-defendant for leave to defend
the suit below Exhibit 18 came to be rejected and the
application for summons for judgment filed by the
respondent-plaintiff below Exhibit 17 came to be
allowed. Consequently, judgment and decree came
to be passed against the present appellant directing
payment of Rs.60,00,000/- with interest within a
period of 30 days and further providing that, in the
event of failure to pay the said amount, the appellant
shall also pay compensation of Rs.2,00,000/- along
with interest at the rate of 9% per annum. The
NEUTRAL CITATION
C/FA/177/2026 JUDGMENT DATED: 06/03/2026
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present appellant was the original defendant and the
respondents were the original plaintiffs before the
learned Trial Court and shall hereinafter be referred
to according to their original status. The plaintiff filed
a civil suit for recovery of Rs.60,00,000/-, which was
paid to the defendant as advance booking amount for
Flat Nos.101 and 201 situated in the scheme namely
“Shri Sharan” at 14-A, Mahalaxmi Society, Mahalaxmi
Cross Road, Paldi, Ahmedabad, which shall
hereinafter be referred to as the “suit property”.