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2012 Supreme(Guj) 178

M.R.SHAH
Sadhuben – Appellant
Versus
Manubhai Jamnadas Mehta – Respondent


Advocates:
Appearance :
Mr. Bharat T. Rao, for the Applicants.
None, for the Opponent Nos.1 - 2, 6.
Mr. M.C. Bhatt, for the Opponent Nos. 3 - 4.
Mr. Y.N. Ravani, for the Opponent No. 5.

Judgment

M.R. Shah, J.—The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants herein – judgement debtor to quash and set aside the impugned order dated 07/09/1999 passed by learned Executing Court below Exh-1 in Execution Petition No. 73 of 1997 in Special Civil Suit No. 832 of 1992.

2. Having heard learned advocates appearing on behalf of the respective parties, it appears that pursuant to the judgement and decree passed in Special Civil Suit No. 832 of 1992 passed by learned Civil Judge (S.D.), Vadodara, in Execution Petition No. 73 of 1997 the Court Commissioner had already executed sale deed in favour of the original plaintiffs on 21/09/1999 and thereafter in the year 2004, the applicants have preferred the present Civil Revision Application under Section 115 of the Code of Civil Procedure. However, it appears that at the relevant time when the Executing Court passed an order, one Civil Misc.Application No. 246 of 1997 filed by the applicants herein – original judgement debtor for setting aside the judgement and decree passed in Special Civil Suit No. 832 of 1992 and to restore the said Suit, was already pendi








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