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2017 Supreme(Guj) 247

SONIA GOKANI
Tensile Steel Limited – Appellant
Versus
Punjabhai Adarbahi – Respondent


Advocates Appeared:
For the Appellant : A.B. Munshi
For the Respondents:Thakkar and Pahwa Advocates

JUDGMENT :

Sonia Gokani, J.

1. This is a classic case as to how the litigation in civil court by misuse of process of the Court could be elongated to tire the rightful claimant and deprive him of his legal dues for years and decades. It is also a matter which would fill every that person or authority with dismay for inexplicable slow pace of civil litigation.

1.1 The applicant is the original defendant No. 2 in Civil Suit No. 10 of 1975 and opponent No. 2 in Execution Application No. 117 of 2015, who as revisionist preferred this Revision Application aggrieved by the order passed by the learned 12th Additional Senior Civil Judge, Vadodara on 03.02.2016.

1.1 The applicant - Revisionist and the respondents shall be addressed respectively as the defendant and the plaintiffs hereinafter.

2. The facts bereft of the details are as follow:-

2.1 One Tamboli Becharbhai Bapubhai was the original owner of the land bearing Revenue Survey No. 523/1, 524/1 and 524/2 situated at Village Manjalpur, Tal & Dist. Vadodara, which was originally the agricultural land.

2.2 Late Shri Punjabhai Adarbhai was a protected tenant of the said agricultural land. He claimed deemed ownership by virtue of Bombay Tenancy





































































































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