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2022 Supreme(Guj) 978

A. S. SUPEHIA
Swati Land Developers Pvt Ltd. – Appellant
Versus
Vrajlal Tapubhai Lodhia – Respondent


Advocates Appeared:
For the Applicant :Mr. Unmesh Shukla, Senior Advocate with Mr. S.P. Majmudar.
For the Opponent :Mr. Mehul S. Shah, Senior Advocate with Mr. Henil M. Shah.

JUDGMENT :

1. The present Civil Revision application filed under section 115 of the Code of Civil Procedure, 1908 (CPC) emanates from the order dated 25.04.2019 passed below Exh.10 in Special Execution Application No.154 of 2001 by 8th Additional Senior Civil Judge, Rajkot.

FACTS:

2. Special Civil Suit No.303 of 2002 was instituted by the applicant-Company that the defendant No.1 (present respondent no.1) Shri Vrajlal Tapubhai Lodhia and defendant no.2-Smt.Chandrikaben Vrajlal Lodhia (now represented through her legal heirs as respondent no.2) claiming a decree of Rs.7,21,18,013/- with 20% interest on the ground that they have siphoned the aforesaid amount. Vajubhai Jwellers and Chandraprabha Builders were arraigned as party defendants nos.3 and 4, who are not the party respondents in the present revision application.

2.1 The said suit was decided and disposed of on 11.09.2000 on the consent terms and accordingly a decree was drawn in view of the consent terms.

2.2 The defendant No.1 and 2 filed Execution Application No.154 of 2001 in the Court of 8th Additional Senior Civil Judge, Rajkot, wherein the plaintiff filed written objections at Exh.20 as well as an application filed by the ap

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