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2010 Supreme(Guj) 355

K.A.PUJ
SOMCHAND MANCHARAM – Appellant
Versus
KHIMCHAND MAGANLAL – Respondent


Advocates appeared:
MR SURESH M SHAH for Applicant(s) : 1,
MR SH SANJANWALA for Opponent(s) : 1 - 2, 2.2.1,2.2.2

JUDGMENT

1. The petitioner ori. defendant has filed this Civil Revision Application under Section-29(2) of the Bombay Rent Act challenging the judgment and decree passed by the learned Jt. District Judge, Surat in Regular Civil Appeal No.190 of 1980 on 20.2.1982 allowing the said Appeal and setting aside the judgment and decree passed by the learned Small Causes Court, Surat in Rent Suit No.675 of 1975 on 4.7.1980.

2. The Civil Revision Application was admitted and rule was issued, and ad-interim relief was granted against the execution and implementation of the order on usual terms on 7.7.1982. The said relief continued till this date.

3. During the pendency of this Civil Revision Application the respondent No.2 ori. plaintiff No.2 expired. On 19.7.2005, this Court has passed an order observing therein that despite the opportunity given to the petitioner the petitioner has not joined the heirs and legal representatives of respondent No.2 to the proceeding. However, subsequently, Civil Application No.4348 of 2006 was filed for bringing legal heirs of the respondent No.2 on record. This Court has allowed the said application vide its order dated 6.8.2010 and legal heirs of the r

































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