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1994 Supreme(Guj) 97

J.M.PANCHAL
JAYANTILAL HANSRAJ SHAH – Appellant
Versus
HEMKUNVERBEN DOLATRAI DAVE – Respondent


Advocates Appeared: J.R.Nanavati, M.S.SHAH, S.B.PARIKH, S.M.SHAH

J. M. PANCHAL, J.

( 1 ) THIS Civil Revision Application which is instituted under sec. 115 of the Code of Civil Procedure is directed against the order dated 10/12/1993 passed by the learned District Judge, Jamnagar below Exh. 1 in Civil Misc. Application No. 2 of 1993 by which the application submitted by the petitioners as third Party seeking leave to file an appeal against consent decree dated 18/11/1993 passed by the learned Civil Judge (S. D.), Jamnagar in Regular civil Suit No. 740 of 1986, is rejected.

( 2 ) THERE is a plot of land admeasuring about 4 Acres 22 Gunthas forming part of Revenue Surevey No. 1488 situate within the limits of Jamnagar City. The said land was originally owned and possessed by Late Maharaja Shri Indravijaysinhji dilawarsinhji Jadeja and others. Out of the said land, land admeasuring about one acre was donated to one Dolatram Mulshanker Dave by gift deed dated 16/11/1963. After the death of Shri Indravijaysinhji, the opponent Nos. 6 and 7 herein became the owners of the said land as legal heirs of deceased Indravijaysinhji Jadeja. There was a dispute regarding legality of the gift deed dated 16/11/1963. The opponent Nos. 1 to 5 as heirs and legal repr























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