A.J. Desai, J.

1. By way of the present petition under Article 227 of the Constitution of Indian, the petitioners have challenged an order dated 16.07.2014 passed by the 5th Additional District Judge, Surat in Civil Misc. Application No. 162 of 2011, by which the application filed by the present petitioners under Section 5 of the Limitation Act has been rejected.

2. Pursuant to notice issued by this Court, the respondent No. 1 has filed his affidavit and opposed grant of any relief as prayed for.

3. Though the question before this Court is in narrow compass, it is required to be dealt with keep in mind all relevant facts arose, during pendency of hearing of the petition, before the Appellate Court, which are as under:

3.1. That a piece of land bearing Survey No. 74, situated at village Jahangirabad, Taluka Choryasi, District Surat known as "Ghasiya land" (grass land) [which is herein after referred to as the disputed property] belonged to one Balubhai Bhikhabhai Patel. An agreement to sale was executed by said Balubhai Patel in favour of Jamubhai Revabhai Patel - present respondent No. 1 - (original plaintiff) for the consideration referred therein as well as on compliance of