SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Guj) 963

AKIL ABDUL HAMID KURESHI
Bahadurbhai Laljibhai Malhotra – Appellant
Versus
Ambalal Joitaram – Respondent


Advocates Appeared:
For the Appellant : Chinmay M. Gandhi and M.B. Gandhi.
For the Respondent: Trusha K. Patel.

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. This Revision Petition is filed by original defendant No. 2 to challenge an order dated 26-12-2014 passed by learned Additional Senior Civil Judge, Gandhinagar, below application Exh. 33 in Special Civil Suit No. 85 of 2008. Brief facts are that opponent Nos. 1 and 2 are the original plaintiffs as heirs of deceased Joitaram Ranchhoddas Patel. They have filed the said suit for a declaration that they are the owners and in possession of the suit lands by virtue of a registered sale-deed dated 3-2-1981. They have also prayed for a declaration that subsequent sale-deed of the said land dated 2-5-2003 between defendant Nos. 1 and 2 is ab initio void and the same may be cancelled. They have also prayed for permanent injunction against the defendants from transferring, selling or in any manner alienating the suit property. Defendant No. 2 appeared and filed the said application Exh. 33 seeking rejection of the plaint in exercise of powers under Order 7, Rule 11(d) of the Code of Civil Procedure. Such application came to be dismissed by the trial Court by impugned order, hence this revision petition.

2. Case of the plaintiffs as stated in the plaint























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top