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2021 Supreme(Guj) 1176

B.N.KARIA
BHARATKUMAR CHHOTALAL MEHTA – Appellant
Versus
SANT BHARATDAS GURU SHREE SAMRAM MAHARAJ – Respondent


Advocates Appeared:
For The Appellant : MR BS NILAK, MS RATNA VORA
For The Respondent: MR HARSHADRAY A DAVE

ORDER :

IN SCA-10874 OF 2018

1. By preferring this petition, petitioner has challenged the order passed below Exh.36/1 dated 03.01.2018 by learned Principal Senior Civil Judge, Vadodara giving liberty to respondent/objector for cross-examination of petitioner and producing evidence after 19 years and six months.

2. Heard learned advocates for the respective parties.

3. Learned advocate for petitioner has submitted that the impugned order passed below Exh.36/1 dated 23.06.1998 to reopen the rights of the respondent to cross-examine the petitioner is clearly illegal and erroneous as the application Exh.55 was given by respondent on 13.07.1998 to implead him as party. It is further submitted that as objector/respondent was there in the proceedings as objector, such a permission cannot be granted after passing of 19 years by the Court-below. It is further submitted that respondent had also filed Special Civil Application No.2425 of 1999 to quash and set aside the entire proceedings of probate application which was dismissed by this Court. It is further submitted that Civil Revision Application No.1351 of 1999 was preferred against the order passed below Exh.55 was also dismissed by the Cou

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