JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The O. J. Appeal No.60 of 2003 is filed challenging the impugned judgment and order dated 30.07.2002 passed by this Court (Coram: Hon’ble Mr.Justice D.A. Mehta) in Company Application No.47 of 1993 in Company Petition No.72 of 1991 whereby the learned Company Judge rejected the said application. The O. J. Appeal No.13 of 2009 is filed challenging the impugned judgment and order dated 17.11.2008 passed by this Court (Coram: Hon’ble Mr.Justice K. A. Puj) in Company Application No.428 of 2008.

2. Brief facts of O. J. Appeal No.60 of 2003 are in nutshell as under:-

2.1 That deceased Fakirchand Ambaram Patel and deceased Shakerbhai Boghabhai and deceased Channabhai Boghabhal were owners of the land bearing survey No. 46/3, 47, 50/1 and 46/2 and they were in possession of the said land. The predeceased had executed the lease deed in favour Shri Ramanlal Lallubhai vide survey no. 1788 dated 20.04.1928 and accordingly being legal heirs, the appellants have derived the interest and ownership of the land in question.

2.2 Pursuant to the lease deed, the possession of the land was transferred to lessee i.e. Ramantal Lallubhai and Ramanilal Lallubhai transferre