HEIRS OF DECD MANIBEN D/O NARANBHAI ISHVARBHAI AND WD/O KANTILAL NATHALAL PATEL Vs. HEIRS OF DECD DWARKABHAI NARANBHAI ISHVARBHAI

JUDGEMENT

(1.) Heard Ld. Mr. Y.N. Oza, Ld. Senior Counsel for Mr. Pratik Jasani for the application and Mr. Anshin H. Desai, Ld. Senior counsel for Mr. Zalak B. Pipaliya for Respondent no.3 and Mr. Mihir Thakore, Ld. Senior counsel for Ms. Mini Nair, advocate for respondent no.4.

(2.) After CAV judgment dated 02.09.2016, the present applicants have filled the present application for review of the judgment in Second Appeal No.109 of 2016, initially notice was issued and as the operation and implementation of the order passed in Second Appeal No.109 of 2016 was stayed for a period of four weeks, stay was continued in the present application by the first exparte order dated 02.10.2016. Thereafter application was heard on several occasions at length and the hearing concluded on dated 18.04.2017. And on 19.04.2017, the applicants filed written submissions, the respondents also filed written submissions, the respondents also filed written submission on 24.04.2017.

(3.) Mr. Y.N.Oza, Ld. Senior Counsel Has Argued that the CAV Judgment dated 02.09.2016 may be reviewed, that relinquishment issue is not properly dealt with, Registration is a must under the Indian Registration Act. 1908, Revenue entry does not derive title, written document requires registration as per Section 17(1)(b) of the Registration Act, that nonconsideration of the judgment amounts to error apparent on the face of record, that the title has to be established dehors revenue entry, custom cannot override law, that custom on merits of the Second Appeal namely: