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2011 Supreme(Guj) 629

J.B.PARDIWALA
MANUBHAI PRABHUDAS PATEL – Appellant
Versus
JAYANTILAL VADILAL SHAH – Respondent


Advocates Appeared:
MS TRUSHA K PATEL for Petitioner(s):1 - 5, 5.2.1, 5.2.4, 5.2.5 MR SUNIL S JOSHI for Petitioner(s):5.2.2, 5.2.3, 5.2.6 MR MANOJ S JOSHI for Petitioner(s):5.2.2, 5.2.3,5.2.6 RULE SERVED for Respondent(s):1, 3, 5 - 6. RULE SERVED BY DS for Respondent(s): 2, 4,

ORDER

1. This petition under Article 227 of the Constitution of India is at the instance of original plaintiffs seeking to challenge the legality, validity and propriety of judgment and order dated 11.09.2003, passed by 3rd Joint Civil Judge (Senior Division), Ahmedabad (Rural) below Exh.101 in Special Civil Suit No.93 of 1999.

2. The facts relevant for the purpose of deciding this petition can be summarized as under:-

2.1 The petitioners are original plaintiffs. The petitioners are owners of agricultural lands bearing revenue Survey Nos. 376/2, 384, 385, 386and 387 situated within the revenue limits of Village: Gota, Ta:Daskroi, Dist: Ahmedabad.

2.2 The petitioners instituted Regular Civil SuitNo.93 of 1999 against respondent nos. 2 to 6 for a declaration to the effect that the agreement to sale executed by the petitioners in favour of respondent nos.1, 2 and 3-original defendant nos.1, 2 and 3 be declared as false, illegal and void.

2.3 It appears from the record that during the pendency of the suit, respondent nos. 4, 5 & 6were impleaded as party-defendants and further prayer was added to declare the sale-deeds dated 10.05.1999 with respect to the suit lands executed by the petiti















































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