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2009 Supreme(Guj) 257

K.S.RADHAKRISHNAN, AKIL KURESHI
JASODA INDRALAL VADHVA – Appellant
Versus
HEMENDRABHAI KAKULAL VYAS – Respondent


Advocates: K.D.Vasavada, NISHA M.PARIKH, SHALIN N.MEHTA, T.S.NANAVATI,

K. S. RADHAKRISHNAN, C. J.

( 1 ) THIS appeal has been preferred by the 4th respondent in Special Civil Application no. 5253 of 2008 challenging the order passed by the learned Single Judge restraining her from further alienating or transferring the property in question, in any manner whatsoever, till the writ petition is disposed of.

( 2 ) THE dispute centers round the immovable property situated in village mangrol of Junagadh District. Property was sold to the appellant by respondents nos. 2, 3 and 4 herein vide a registered sale deed dated 23. 12. 2004. Special Civil suit No. 6 of 2005 was instituted by respondent No. 1 herein before the Court of civil Judge (S. D.) against the appellant and other respondents, seeking cancellation of the registered sale deed dated 23. 12. 2004. In the Suit, respondent No. 1 had preferred an application for injunction, restraining the appellant from transferring or alienating the immovable property in question. Injunction application was dismissed by the learned Civil Judge (S. D.), Junagadh, on 18. 12. 2006. Aggrieved by the said order, 1st respondent filed Civil Miscellaneous appeal No. 43 of 2007 before the 7th Fast track Court at Junagadh, and
















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