KANTILAL NARSHIBHAI RATHOD Vs. NATVARLAL MAVJIBHAI

JUDGEMENT

(1.) The captioned Civil Revision Application, is against the judgment and order dtd. 19/2/2013 passed by the learned 8 th Additional District Judge, Rajkot in Civil Misc. Application no.84 of 2011 whereby, the learned Judge, has condoned the delay of 3382 days occurred in filing the appeal, challenging the judgment dtd. 17/5/2001 passed in Civil Misc. Application no.44 of 1999, rejecting the request for restitution of the possession.

(2.) The facts in brief are as follows:-

(3.) Mr Mrugen K. Purohit, learned advocate for the petitioners, while arguing along the lines of the revision application submitted that various proceedings were initiated and decided amongst the parties. So far as the respondent is concerned, the suit was filed being Regular Civil Suit no.204 of 1980, which was partly decreed; however, the possession was not granted to the original owner. Thereafter, the property came to be sold in favour of the petitioner no.1 vide registered sale deed who, preferred a suit which came to be decreed on 2/9/1996 with a direction to the defendants to handover the possession and in the execution proceedings, that the possession was handed over somewhere in the month of March, 1997. Regular Civil Appeal was filed which came to be allowed which was a subject matter of challenge before this Court by way of Civil Revision Application. Subsequent thereto, the respondent had filed Civil Misc. Application for restitution of the possession, which came to be rejected vide order dtd. 17/5/2001. In the interregnum, another suit was filed being Small Suit no.225 of 1999 seeking declaration and permanent injunction together with application, Exh.5 which came to be allowed. It is thereafter, that the petitioner no.2, had purchased the property vide registered sale deed in the month of February, 2003 and the suit filed, came to be withdrawn.