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2022 Supreme(Guj) 1674

ASHOKKUMAR C. JOSHI
Ayeshaben Wd/O. Ahmed Adam Alinatha – Appellant
Versus
Huriben Ismail Ali Since Deceased Through Legal Heirs – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Varun G Rai
For the Respondent: Mr. Faimuddin Saiyed

JUDGMENT :

1. This writ petition under Articles 226 and 227 of the Constitution of India assails the judgment and order dated 20.06.2018 passed by the learned 4th Additional District Judge, Bharuch in Misc. Civil Appeal No. 10 of 2017. By the said judgment and order, the learned first appellate Judge was pleased to condone the delay of 02 years and 05 months caused in filing the execution petition against the judgment and decree dated 26.08.2001, passed by the learned Civil Judge (J.D.), Amod in Regular Civil Suit No. 53 of 1999.

2. Facts in nutshell of the case on hand are that the petitioners are the original defendants in the captioned civil suit filed by the respondents herein – original plaintiffs for declaration and permanent injunction before the learned civil Court concerned at Amod, District: Bharuch, which came to be decreed by order dated 26.08.2001 as compromise took place between the parties. In filing of the execution petition, since there was a delay of about 02 years and 05 months, the respondents – plaintiffs filed a Civil Misc. Application No. 1 of 2016 before t

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