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1997 Supreme(Guj) 222

R.R.JAIN
NARAYANDAS NATHUMAL HEMRAJANI – Appellant
Versus
TARABEN kalimuddin MULLA MITAWALA – Respondent


Advocates Appeared: Mukesh R.Shah, P.C.KAVINA, SURESH M.SHAH, Thakkar Associates

R. R. JAIN, J.

( 1 ) RULE. Mr. Shah for respondent Nos. 1 to 4 main contesting parties waives service of Rule. Aggrieved by the order passed by the Joint Civil Judge (J. D.), Dahod below exh. 54 an application for appointment of Receiver under S. 94 (d) read with Sec. 151 of the Code of Civil Procedure (the C. P. Code for brief) in Regular Civil Suit no. 158 of 1996, the applicants - third parties have filed this revision application.

( 2 ) TO appreciate the controversy it would be worthwhile to advert to the relevant facts giving rise to this petition. Land bearing final plot No. 109 was of ownership of one Manharlal Hakumatsinh Thakore. Out of the said land, a parcel of land admeasuring 1,532. 40 square metres was sold by the original owner to the present respondent Nos. 1 to 4 - original plaintiffs. Similarly, remaining land of final plot no. 109 admeasuring 3,883. 70 square metres was sold to the present petitionersthird parties. It is needless to say that, since a part of final plot No. 109 of T. P. Scheme No. 1 is sold to the respondents-plaintiffs and the remaining part is sold to the present petitioners, the lands of respondent Nos. 1 to 4 plaintiffs and the petitioners are

















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