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2016 Supreme(Guj) 767

ABHILASHA KUMARI
Bhartiben N. Patel – Appellant
Versus
Arvindbhai R. Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Dhaval Dave, Senior Advocate and Anal S. Shah, Advocate
For the Respondents:Saurabh N. Soparkar, Senior Advocate and Manav A. Mehta, Advocate

JUDGMENT :

Abhilasha Kumari, J.

1. Rule. Mr. Manav A. Mehta, learned advocate, waives service of notice of Rule for respondents Nos. 1 and 2, Mr. Dipen Desai, learned advocate, waives for respondent No. 3 and Mr. Dhaval G. Nanavati, learned advocate, waives for respondents Nos. 4 and 5.

2. The present application has been preferred for the review and/or recall of the order dated 19.12.2013, passed by this Court in Miscellaneous Civil Application No. 2825 of 2013, which had been preferred by respondents Nos. 1-3 herein, for the recall of the order dated 18.01.2013, passed by this Court in Special Civil Application No. 11883 of 2012 and to hear the said petition on merits.

3. The chequered history of the litigation between the parties, which emerges from the record and has been elaborated by learned counsel for the respective parties, necessitates the narration of some relevant background facts, in order to place the present application in its proper perspective.

4. The applicants and respondents Nos. 1 to 3 are heirs of deceased Rambhai Patel, who died in 1994. Three legal heirs, being two sons and the widow of the deceased are not parties to the present litigation. There has been exten





































































































































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