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2013 Supreme(Guj) 80

RAJESH H.SHUKLA
Taraben D/o. Nanubhai Kasanbhai Patel and W/o. Navinkumar Patel – Appellant
Versus
Shaileshbhai Rangilbhai Patel – Respondent


Advocates appeared:
Mr. A.J. Patel, Mr. Mihir Thakore, Mr. A.B. Munshi, Advocate for the Appellants
Mr. S.N. Soparkar, Sr. Advocate, with Mr. Aspi M. Kapadia, Mr. Mihir Thakore, Mr. A.B. Munshi, Mr. Bomi Shethna, Mr. A.J. Patel for Respondents

Judgment

RAJESH H. SHUKLA, J.

1. Appeal from Order No. 199 of 2012 with Civil Application No. 6470 of 2012 has been filed by the appellants-original defendants Nos. 3-4 being aggrieved with the impugned order passed below Exh.5 in Special Civil Suit No. 288/2011 by the 5th Addl. Sr. Civil Judge, Surat, dated 2.3.2012 on the grounds stated in the said Appeal from Order.

2. Appeal from Order No. 200 of 2012 with Civil Application No. 6471 of 2012 has been filed by the appellants-original defendants Nos. 1-2 being aggrieved by the impugned order passed below Exh.5 in Special Civil Suit No. 288/2011 by the 5th Addl. Sr. Civil Judge, Surat, dated 2.3.2012 on the grounds stated in the said Appeal from Order.

3. Before recording the rival submissions, a brief background of the facts is required to be stated that the aforesaid Special Civil Suit No.288/2011 came to be filed by the plaintiffs against original defendants Nos.1-2, the appellants in Appeal from Order No. 200 of 2012, and against original defendants Nos. 3 & 4 who are the appellants in Appeal from Order No. 199 of 2012, for specific performance of the writing/Banachitti dated 18.11.2010 on the grounds set out in the Appeal from Ord













































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