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2021 Supreme(Guj) 255

ASHOKKUMAR C.JOSHI
Yogesh Navinchandra Desai – Appellant
Versus
Heirs of Kachhia Patel Ambalal Vadilal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Mihir Thakore, Mr. Siddhant K. Gujarathi, Ms. Kshma V. Sheth.

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. This petition under Article 227 of the Constitution of India is filed by the petitioners challenging the order dated 20.03.2019, passed in Execution Petition No. 1 of 2016, disposing of the said execution petition as decree was found to be satisfied, and the order dated 16.04.2019, passed in Review Petition No. 25 of 2019, by which, the said review petition came to be rejected as not maintainable in view of the provisions of section 114 and Order 47 of the Civil Procedure Code, 1908 (CPC), by the learned Principal Senior Civil Judge, Kapadwanj, Kheda.

Facts of the Case:

2. The matter has a chequered history. A land bearing revenue survey No. 158 paiki, city survey No. 6650, admeasuring about 100 sq. yards having boundaries situated in Kapadwanj Town was originally owned by Vohra Abdulhusein Tarwala and Aminaben, D/o. Abdulhusein Daudbhai. The suit property is a part of revenue survey No. 158, total admeasuring acre 1 and 4 gunthas, leaving the land acquired by the State Transport Corporation. A registered sale deed dated 10.09.1932, registered on 07.10.1932 with respect to the whole survey No. 158 in favour of on Desai Keshavlal Chhaganlal came to

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