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2021 Supreme(Guj) 882

B.N.KARIA
RAMSANGBHAI SAMJIBHAI CHUNARA – Appellant
Versus
HANSRAJBHAI RAVJIBHAI KADIWAR – Respondent


Advocates Appeared:
For The Appellant : JAIVIK UDAY BHATT, MILAN R MARUTI, MR PM LAKHANI, MRS R P LAKHANI
For The Respondent:MR.JAMSHED KAVINA, LD.ADVOCATE FOR MR SP MAJMUDAR

ORDER :

1. Present petitioner has challenged the judgement and order dated 1st October, 2014 passed by the learned 4th Additional District Judge, Khambhalia, Dist. Jamnagar in Civil Misc. Application No. 45 of 2011 whereby, the application for condonation of delay of 6 years 5 months and 20 days in filing of Regular Appeal against the judgment and decree on 29th January, 2005 passed by the learned Civil Judge (J.D.), Jam-Jodhpur in Regular Civil Suit No. 11 of 2003 was dismissed.

2. Heard learned advocates for the respective parties.

3. Learned advocate for the petitioner submits that the petitioner had filed Civil Suit against the respondent i.e. Regular Civil Suit No. 120 of 2001 before the Court of learned Civil Judge, Jam-Jodhpur wherein, an application for interim injunction filed below exh.5, which was granted in favour of the petitioner. It is further submitted that after two years of filing the suit by the petitioner, another Regular Civil Suit No. 11 of 2003 was filed by the respondent praying for cancellation of the Sale Agreement dated 20th April, 2000 and also recovery of possession of the subject land from the petitioner. Both the suits were consolidated by the Court belo

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