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2022 Supreme(Guj) 287

ASHOKKUMAR C. JOSHI
Drupadsinh Kshtriya – Appellant
Versus
Gangaben Narharisinh Kshtriya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Trusha K. Patel
For the Respondent: Mr. Ashok R. Rathod, Ms. Arti Inamdar

JUDGMENT/ORDER :

Ashokkumar C. Joshi, J.

1. Rule.

2. This petition under Article 227 of the Constitution of India is filed by the petitioner praying for to quash and set aside the order dated 10.07.2015 passed below Exh. 233 in Special Execution Petition No. 332 of 1978 by the learned 7th Additional Senior Civil Judge, Vadodara. By the said application (Exh. 233), the petitioner - applicant had prayed to declare the proceedings that were carried out by Narharsinh and Premsinh, void and without any legal rights, after the demise of original decree holder namely Rukshmaniben Kshtriya on 18.02.1980.

3. Facts in nutshell of the case on hand are that a suit being Regular Civil Suit No. 456 of 1970 came to be filed before the learned Civil Court concerned at Vadodara which came to be decreed in favour of one Rukshmaniben. The said judgment and decree carried in appeal before the learned District Court by filing Civil Appeal No. 90 of 1996, wherein, the learned District Judge, Vadodara was pleased to confirm the said judgment and decree passed in the suit. Against which, Second Appeal (Stamp) No. 4961 of 1978 was filed, which came to be disposed of vide order dated 26.04.1979. Judgment credit

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