JUDGMENT :

A.J. Shastri, J.

1. The present proceedings have arisen out of order passed by the learned Single Judge dated 09.10.2019 passed in Special Civil Application No. 15104 of 2014. It appears from the record that for the purpose of seeking condonation of delay of five (5) days, Civil Application No. 1872 of 2021 has been submitted to condone the delay of five (5) days, which has occurred in preferring Letters Patent Appeal and since the said application having not been stoutly opposed, we deem it proper to allow this application and with the consent and request of the learned advocates appearing for the parties, the main Letters Patent Appeal is taken up for hearing.

1.1. Present appeal under Clause 15 of the Letters Patent is filed assailing the judgment and order passed by the learned Single Judge dated 09.10.2019 in Special Civil Application No. 15104 of 2014.

2. The background of facts in brief are that land bearing Revenue Survey No. 106/2 admeasuring 2 Acres 02 Gunthas of Mouje Dungri, Taluka Jhalod, District Dahod (hereinafter referred to as "the land in question") was originally in the name of Chuniyabhai Zala. Respondent nos. 1 to 3 of the original petition happened to b