LAWS(GJH)-2018-7-364

JAYANTIBHAI GANDALAL GODA Vs. BABUBHAI MOHANBHAI BASIDA

Decided On July 31, 2018
Jayantibhai Gandalal Goda Appellant
V/S
Babubhai Mohanbhai Basida Respondents

JUDGEMENT

(1.) Heard learned advocate Mr.Haresh Patel for the petitioners and learned advocate Mr.Hemal Shah for the respondents.

(2.) In this petition filed under Article 227 of the Constitution of India, the petitioners have prayed to set aside order dated 20th July, 2017 passed by learned 4th Additional District Judge, Rajkot, in Civil Miscellaneous Application No.1249 of 2016 by which the application of the petitioners for condonation of delay came to be rejected.

(3.) The facts available from record show that respondents - original plaintiffs instituted Special Civil Suit No.147 of 2008 for recovery of amount on the pleadings and grounds stated in the plaint. The Suit came to be allowed by learned 10th Additional Senior Civil Judge, Rajkot, as per his judgment and decree dated 31st March, 2015. It appears that the plaintiffs thereafter filed Execution Application No.18 of 2016 on 16th September, 2016.