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2013 Supreme(Guj) 292

C.L.SONI
KANTILAL AMBALAL PATEL – Appellant
Versus
JALARAM LAND DEVELOPERS – Respondent


Advocates Appeared:
MR. UNMESH SHUKLA with Mr. TIRTHRAJ PANDYA & Mr. SHASHVATA SHUKLA, ADVOCATE for the Petitioner(s) No. 1-2.
MR. B.S. PATEL, ADVOCATE for the Respondent(s) No. 2, 4-6.
MR. PARTHIV B. SHAH, ADVOCATE for the Respondent(s) No. 1.
MR. TATTVAM K. PATEL, ADVOCATE for the Respondent(s) No. 3.

JUDGMENT :

1. In this petition filed under Article 227 of the Constitution of India, the petitioners, the original defendants No.1 and 2 of Special Civil Suit No.759 of 2011 pending before the Third Additional Senior Civil Judge, Vadodara, have called in question the order dated 7.4.2012 rejecting the application below Exh.22 filed by the petitioners under section 8 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as “the Act”).

2. As could be found from the plaint at Annexure-D, respondent No.1-original plaintiff has prayed to pass decree for specific performance of development agreement dated 16.8.2003 and for execution of the sale deed with possession in its favour. Respondent No. 1 has further prayed to declare that the sale-deed registered before the Sub Registrar, Vaghodiya having registration No. 2550 dated 22.11.2010executed in favour of defendant no.2 – petitionerNo.2 herein by defendant No.1-petitioner no.1 herein in collusion with defendants No.3 to 7 – respondentsno.2 to 6 herein be declared as illegal, null and void and further to declare that the defendants have got no right, title or authority to transfer, alienate or create any charge over the sui













































































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