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2014 Supreme(Guj) 634

S.H.VORA
RAJESH PATEL, THROUGH POA RAJESH PATEL – Appellant
Versus
RAJENDRA PATEL – Respondent


Advocates:
Advocate Appeared:
MR ND NANAVATI SR.ADV.FOR M/S WADIAGHANDY & CO, ADVOCATE for the Appellant(s) No. 1-2 MR MEHUL S SHAH, ADVOCATE for the Respondent(s) No. 9-11 MR NK PAHWA FOR MRS SANGEETA N PAHWA, ADVOCATE for the Respondent(s) No. 8 RULE SERVED for the Respondent(s) No. 5 RULE SERVED BY DS for the Respondent(s) No. 1-4, 6-7

Judgment

1. Challenge in this appeal is the order dated 08.05.2013 passed by the learned 11th Additional Senior Civil Judge, Anand below Exh.5 in Special Civil Suit No.57 of 2013 whereby, the learned trial Judge rejected the injunction application Exh.5 preferred by the plaintiffs – appellants herein.

2. The parties to the present proceedings would be referred to as per their original status in the plaint for convenience.

3. Filtering unnecessary details, it is the case of the plaintiffs that the plaintiffs and defendant Nos.1 to 7 are from the same family lineage. Before 30.06.1965, Mr. Vasantlal Patel (HUF) through its Karta – Mr. Vasantlal Patel was the owner of the land bearing Survey No.2/4913 corresponding to Survey Nos.225,226/1 and 226/2 of Cambay, District: Anand admeasuring 14372.40 sq.mtr. (for short, the ‘suit land’). According to the case of the plaintiffs, as per sale deed dated 30.06.1965, entered into between the said HUF through its Karta – Mr. Vasanalal Patel, 3/4th right, title and interest in the suit land was transferred, sold and conveyed in favour of Mr. Balubhai, Mr. Shantilal, Mr. Natwarlal and Mr. Vinodchandra. It is the case of the plaintiffs that said HUF -





























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