JIVANJI SHANKARJI THAKORE Vs. DINESHBHAI KESHAVLAL PATEL

JUDGEMENT

(1.) The present petition is filed by present petitioners - original appellants, by challenging the order dtd. 19/3/2022 passed below Exh.1 application in Civil Misc. Application No.15 of 2021 by the learned Addl. District Judge, Kalol, whereby the same was rejected, which was filed for condonation of delay in preferring the appeal before the lower appellate court.

(2.) Brief facts of the case as per the case of the petitioners in this petition are as such that the present petitioners along with other co-parceners own a property which is an old tenure property situated in village Adhana at revenue block/ survey no. 114 khata number- 63 which came to be renumbered as new block no. 141, khata number - 163 after resurvey. According to respondents, the said property was purchased through a registered sale deed no.3977 on 26/7/2006 from petitioners and their co-parceners. According to respondents, the said property used to be administered by Late Shri Dineshbhai Keshavlal Patel which was given for cultivation to petitioners and their other co- parceners. Petitioners along with other coparceners used to cultivate the said property. It is further the case of the petitioners in this petition that Late Shri Dineshbhai Keshavlal Patel submitted application for entry of sale for said property in revenue records when entry no. 1761 dtd. 7/6/2007 was entered in revenue records which came to be rejected by Revenue Authority on 11/1/2008. According to the respondents, no objection was raised by petitioners and their co-parceners upon recording of entry even after service of notice u/s 135 (d) of the Code. It is further the case of the petitioners in this petition that Late Shri Dineshbhai Keshavlal Patel, on coming to know the rejection of entry, got entry no. 1873 recorded again in the revenue records on 8/5/2008 with regard to which the petitioners along with co-parceners raised an objection on recording of entry on the ground that the same was rejected earlier. According to respondents, the dispute case no.466 of 2008 came to be registered before the Mamlatdar wherein, no notice was served on them and entry came to be rejected. According to respondents, names of petitioners and their co-parceners were recorded in revenue records through entry No.1672 on 16/12/2006 without knowledge of Late Shri Dineshbhai Keshavlal Patel even after, sale of the said property on 26/7/2006. That with regard to rejection of entry no. 1873, according to the respondents, an appeal has been filed in that regard before the Dy. Collector. According to the respondents, they met the petitioners and their co- parceners for handing over possession of the said property which was not agreed upon and therefore, according to the respondents, petitioners and their coparceners had denied to perform their part of contract. In view of the aforesaid background, respondents filed R.C.S. No. 219 of 2015 in the court of Additional Civil Judge. Kalol for specific performance of contract, possession, declaration and permanent injunction of the said property.

(3.) Heard Mr. Uday M. Joshi, learned advocate for the petitioners and Mr. Divyesh Sejpal, learned advocate for the respondents.