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2024 Supreme(Online)(GUJ) 25832

HIGH COURT OF GUJARAT
MR. JUSTICE DIVYESH A. JOSHI, J
GULSHANBEN YAKUBBHAI LUHAR – Appellant
Versus
BISMILLAHBIBI GAFURKHAN PATHAN – Respondent


Advocates:
MR NV GANDHI(1693) for the Petitioner(s) No. 1,2,3,4,5,6 A R KADRI(7330) for the Respondent(s) No. 2 MR SS SAIYED(3690) for the Respondent(s) No. 2 UNSERVED EXPIRED (N) for the Respondent(s) No. 1,4,8

ORAL ORDER

1. This writ application under Article 226 of the Constitution of India by the writ applicants/judgment-debtors has been directed against the judgment and order of the Principal Civil Judge, Dhansura, Dist; Sabarkantha dated 17.03.2022 passed below Exh.1 in C.M.A. No.1 of 2019 in Execution Application No.2 of 2012, whereby the delay condonation application filed by the decree holder for restoration of the Execution Application was allowed and the Execution Application was ordered to be restored to its original status on file.

2. The relevant facts are briefly these:-The applicants- judgment debtors are the defendants and the respondents- decree holders are the plaintiffs to the main suit proceedings. Therefore, for the sake of convenience and to avoid any complexity, they shall hereinafter be referred to by their original status in the suit proceedings.

3. The plaintiffs obtained a decree against the defendants in a suit instituted by them before the Civil Judge (J.D.), Himmatngar camp at Modasa being Regular Civil Suit No.241 of 1991, whereby the defendants were directed to hand over the possession of the suit property to the plaintiffs on or before 03.06.1996, failing whi

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