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2005 Supreme(Online)(Guj) 17

GUJARAT HIGH COURT
RAVI R.TRIPATHI, J
GHANSHYAMBHAI K SATHWARA -SUCCESSOR IN INTEREST OF & 12 – Appellant
Versus
SONUBHAI BALIRAM PATIL & 2 – Respondent


Advocates:
For the Appellants/Petitioners: MR NILESH M SHAH
For the Respondents: MR HN BRAHMBHATT

ORAL JUDGMENT

1. As many as 13 petitioners are before this Court, who are the original objectors in Regular Darkhast Application No.213 of 2002 filed in the Court of the learned Joint Civil Judge (Junior Division), Vadodara, who was pleased to grant the same and was also pleased to reject the application filed by defendant no.2- Harshadbhai Shantilal Shah, by order dated 10.10.2003. The present petitioners had filed their objections by exh.21.

2. Short facts leading to the present litigation are that the judgement creditor-respondent no.1 herein had filed Regular Civil Suit No.1209 of 1985 against two defendants. One Shankar Rao Laxmanrao Shelar, who died on 29.10.1986, hence his heirs are joined as 1/1 and 1/ 2 in Darkhast Application. The said Regular Civil Suit No.1209 of 1985 was decreed on 19.09.1986. The judgement and order passed by the learned 2nd Joint Civil Judge (Junior Division), Vadodara is produced at page 42 to this Civil Revision Application, whereas the decree is produced at page 43. The material part is at page 45. It is mentioned at page 46 that it was agreed between the plaintiff and defendant no.1 (of Regular Civil Suit No.1209 of 1985) that defendant no.1 will

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