LAWS(GJH)-2009-4-126

RAMJI MANGABHAI BHANGI Vs. SHAYMJI GANDA BHANGI

Decided On April 16, 2009
RAMJI MANGABHAI BHANGI Appellant
V/S
SHAYMJI GANDA BHANGI Respondents

JUDGEMENT

(1.) THE petitioner,-original defendant is before this Court challenging the order passed by the learned Principal Civil Judge, Botad in Execution Petition no. 7 of 2002 dated 31. 1. 2007. A copy of the order is placed at Annexure-A (page-14) to the petition.

(2.) THE learned trial Judge after taking into consideration the rival contentions of all the parties including the contention regarding the limitation and the maintainability of the execution proceedings being Execution Petition No. 7 of 2002, finally passed an order for handing over possession under Order 21 Rule 35 of the Code.

(3.) THE learned Advocate for the petitioner tried to convince this Court that there is discrepancy in the property against which the present execution proceedings are filed.