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2024 Supreme(Guj) 1080

SANDEEP N. BHATT
Shree R Kunvarji Co. – Appellant
Versus
Trustee Of Haji Nazarali Kasambhai Trust Fund – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nisarg H Vyas
For the Respondent: Mr P J Kanabar, Ms Aditi P Kanabar

JUDGMENT :

1. The present petition, under Article 227 of the Constitution of India, is filed by the petitioners – original defendants No.1 to 5 / appellants challenging the impugned order dated 28.06.2022 passed by the learned Principal District Judge, Bhavnagar in Misc. Civil Appeal No.74 of 2021, whereby the learned appellate Court below has rejected the condonation of delay of 1557 days occurred in filing of the appeal, under the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947, against the judgment and decree dated 01.04.2017 passed by the learned Additional Senior Civil Judge, Bhavnagar in Regular Civil Suit No.637 of 2004. The petitioners have also prayed for stay of implementation, operation and execution of the judgment and decree dated 01.04.2017 passed by the learned trial Court.

2. The brief facts of the present case are as under :

2.1 The present respondents No.1.1 to 1.3 are the original plaintiffs, who have filed a suit before the learned trial Court being Regular Civil Suit No.637 of 2004 against the defendants – present petitioners No.1 to 5.1 and present respondents No.2 and 3 – original defendants No.6 and 7, for eviction of tenants and recovering arrea

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