(1.) With the consent of the learned advocates appearing for the parties, the application for leave to appeal as well as Civil Revision Application both are taken up together for final disposal.
(2.) By way of present civil revision application, the applicant has challenged the order dtd. 17/3/2022 passed by Second Additional District Judge, Navsari in Regular Civil Appeal No.24 of 2009 and thereby confirming the judgment, order and decree dtd. 26/2/2009 passed by the learned Additional Civil Judge, Navsari whereby allowed the Regular Civil Suit No.71 of 2006.
(3.) Without elaborately stating the fact of the matter, in this application for leave to appeal, it is the specific case of learned advocate Mr. Zubin Bharda that original defendant Ramprasad Fodiram Sharma after having failed in Regular Civil Suit No.71 of 2006 as the same was allowed in favour of the original plaintiffs preferred Regular Civil Appeal No.24 of 2009, when the appeal was filed he was alive.