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2003 Supreme(Guj) 123

J.R.VORA
VIMAL CO-OP HOUSING SOCIETY LTD – Appellant
Versus
RAJENDRAKUMAR SHANKERBHAI BHAGIYA – Respondent


Advocates Appeared: A.J.PATEL, HARSHIT S.TOLIA, P.M.THAKKAR

J. R. VORA, J.

( 1 ) THIS Revision Application is preferred against an order passed by learned Civil Judge (SD), Baroda, on 11. 2. 2003 below Application Exh. 33 in Regular Civil Suit No. 74/2003.

( 2 ) HISTORY of litigation reveals that present opponent No. 1 Rajendrakumar Shankerbhai Bhagiya filed a Regular Civil Suit No. 74/2003 against (i) present petitioner - Vimal Cooperative Housing Society Ltd. , (ii) Vadodara Municipal Corporation, (iii) City Survey Superintendent, (iv) Talati-cum-Mantri, (v) Mamlatdar, and (6) Shri Ratilal C. Shah. Plaintiff Rajendrakumar Shankarbhai Bhagia filed the above said suit stating that he became member of Vimal Cooperative Housing Society Limited in 1980 and was allotted a plot of land admeasuring 10000 sq. feet. There was some construction in the said plot. In 1986-87, the plaintiff intended to erect a construction in the said plot of land which was numbered as Plot No. 71-72 at the relevant time and he was granted permission by concerned competent authority. Necessary documents were produced along with the plaint. The plaintiff could not construct on the plot for his own reason but thereafter plaintiff came to know that around 7th of January, 2

























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