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2021 Supreme(Guj) 1004

VIPUL M.PANCHOLI
ASHKOKUMAR MAHIPATBHAI SHAH – Appellant
Versus
BHARATKUMAR JAYANTILAL SHAH – Respondent


Advocates Appeared:
For The Appellant :MR MIHIR THAKORE, SENIOR ADVOCATE WITH MR JAIMIN R DAVE AND MR RUTVIJ S OZA.
For The Respondent:MR HM PARIKH, SENIOR ADVOCATE WITH MR RASESH PARIKH

JUDGMENT :

1. As the issue involved in both these Civil Revision Applications is identical, learned advocates appearing for the parties jointly requested that both these Civil Applications be heard together. Looking to the issue involved in the matters and with the consent of the learned Senior Counsel appearing for the parties, the same are taken up for final disposal.

2. Rule. Learned advocate Mr.Rasesh Parikh waives service of notice of Rule for the respondents.

3. Both these Civil Revision Applications are filed under Section 115 of the Code of Civil Procedure, 1908 (‘CPC’ for short) against the judgment and order dated 22.10.2021 passed by the concerned District Court in Civil Misc. Application Nos.23 of 2019 and 24 of 2019 filed by the present applicants under Sections 5 and 14 of the Limitation Act, 1963 (“the Act of 1963” for short).

4. For the sake of brevity and convenience and as an identical issue is involved in both the Civil Revision Applications, the facts of Civil Revision Application No.460 of 2021 are considered, which are as follows:

    4.1 It is the case of the applicants that the respondents issued a Public Notice dated 11.08.2010 in the concerned newspaper and illegal

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