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2021 Supreme(Guj) 902

B.N.KARIA
ANANDIBEN WD/O. PRABHATSINH @ PRABHATBHAI CHAUHAN – Appellant
Versus
TRUSTEE/SECRETARY OF BASIL TRUST – Respondent


Advocates Appeared:
For The Appellant : MR SP MAJMUDAR, MR. HJ KARATHIYA
For The Respondent: ABHISST K THAKER

ORDER :

1. By way of preferring this petition, petitioners have challenged the order dated 31.8.2018 passed in Civil Misc. (Delay Condone) Application No. 143 of 2018 by the learned Principal District Judge, Vadodara under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 23 days caused in preferring the First Appeal / Regular Civil Appeal filed under Section 96 as well as Order 41 of the Code of Civil Procedure, 1908 before the learned District Judge, Vadodara.

2. The brief facts leading to the present case are as under:-

    2.1 The petitioners are the original plaintiffs of Regular Civil Suit No. 1539, which was instituted before the learned 9th Additional Senior Civil Judge, Vadodara. As per the contentions, the petitioners are entitled to have rights over the land in question i.e. land situated at Revenue Survey No. 48 of Mouje Tandalja, Tal-Dist. Vadodara, admeasuring 1-18 Acre- gunthas and the respondent-Trust has no right over the land in question. That, by the judgment and decree dated 22.03.2018, learned 9th Additional Senior Civil Judge, Vadodara dismissed the suit. That, being aggrieved by the said order, the petitioners preferred First Appeal / Regular Civ

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