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2014 Supreme(Guj) 296

S.G.SHAH
LAXMIBEN D. O. NATHABHA MAFATBHAI PATEL – Appellant
Versus
DHAWAL AMRUTBHAI PATEL – Respondent


Advocates Appeared:
MR D K TRIVEDI, ADVOCATE for the Appellant(s) No. 1 -3
MR. S N THAKKAR, ADVOCATE for the Respondent(s) No. 6
MRS KALPANAK RAVAL, ADVOCATE for the Respondent(s) No. 9
MS SONAL D VYAS, ADVOCATE for the Respondent(s) No. 8
NANAVATI ASSOCIATES, ADVOCATE for the Respondent(s) No. 2 -5
NOTICE SERVED for the Respondent(s) No. 7
SERVED BY AFFIX(N) for the Respondent(s) No. 1

CAV JUDGMENT

1. Heard learned senior advocate Mr. Deven Parikh with learned advocate Mr. D. K. Trivedi for the appellants and learned senior advocate Mr. Persy Kavina with learned advocate Mr. S. N. Thakkar for the respondent No.6. Learned advocate Mr. Nikunj K. Raval for learned advocate Mrs. Kalpana K. Raval for the respondent No.9 learned advocate Ms. Sonal D. Vyas for the respondent No.8, learned senior advocate Mr. K. S. Nanavati with learned advocate Ms. Kunjal J. Vyas for Nanavati Associates for the respondent Nos. 2 to 5.

2. All the parties have agreed to dispose of this appeal at an admission stage and hence they are heard at length. Appellants are original plaintiffs whereas respondents are original defendants and therefore they are referred in the same capacity in this order also.

3. The appellants have filed this suit for restraining the defendants from further alienating the suit properties on the ground that they are also co-parcenors of the suit properties being legal heirs of original land owner Nathabhai Mafatbhai Patel. Pedigree of the deceased Nathabhai Mafatbhai Patel is disclosed at para 2 on page 3 of the plaint which confirms that Nathabhai Mafatbhai Patel had








































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