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2011 Supreme(Guj) 324

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
Revandas Ranchhodbhai Rathod – Appellant
Versus
Jyotiben Wd/o Rameshbhai Madhusudan Thakar – Respondent


Advocates:
Appearance :
Mr. B.G. Patel, for the Appellant No. 1.
None, for the Respondents No. 1, 1.2.1,1.2.2
Mr. Satyam Y. Chhaya, for the Respondents No. 1.2.3 - 2.
Notice Served by DS, for the Respondents No. 1.3.1, 1.3.2, 1.3.3, 3.
Government Pleader, for the Respondent No. 4.

Judgment

J.B. Pardiwala, J.—The appellant – original petitioner seeks to challenge the judgment and order dated 03.12.2009 passed by learned Single Judge in Special Civil Application No. 13578 of 2008, whereby learned Single Judge rejected the writ petition, confirming order passed by Gujarat Revenue Tribunal dated 11.07.2006 in review.

2. Brief facts relevant for the purpose of deciding this appeal can be summarize as under:—

i. The dispute relates to a portion of land situated at Alarsa Ta. Borsad Dist. Anand, which was running in the names of heirs of Madhusudan Ratilal Thakar and Deviprasad Ratilal Thakar. The record reveals that vide entry No. 8009 dated 19.03.1980, the name of Madhusudan Thakar was ordered to be deleted and the land in question thereafter stood in the name of Deviprasad Ratilal Thakar. The said entry was certified on 10.08.1980. The record reveals that vide entry No. 8978 dated 24.05.1993, the name of Deviprasad Ratilal Thakar was deleted, in light of the statement of Deviprasad Ratilal Thakar that he was voluntarily relinquishing his right from the land in question. After this, the names of heirs of Madhusudan Ratilal Thakar were again mutated in the revenue re



























































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