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2016 Supreme(Guj) 1531

Z.K.SAIYED
Tribhuvanbhai Narandas Patel – Appellant
Versus
Tribhovanbaug Co. Op. Housing Society's Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mayur Rajguru
For the Respondents: Bhoomi M. Thakore, Nisha M. Thakore

JUDGMENT :

Z.K. Saiyed, J.

1. The appellant has filed present Second Appeal under Section 100 of the Civil Procedure Code praying to quash and set aside the impugned judgment and order dated 29.11.2013 passed by the learned District Court, Gandhinagar in Regular Civil Appeal No. 111 of 2010 as well as judgment and decree dated 28.10.2010 passed by the learned Additional Civil Judge, Gandhinagar in Regular Civil Suit No. 101 of 2006.

2. The brief facts of the case are present appellant filed the Regular Civil Suit No. 101 of 2006 for certain declaration and permanent injunction. The suit property is situated at Village : Bhat, Taluka & District : Gandhinagar, Survey No. 50 admeasuring 23,978 Sq.Mtrs., of non-agricultural land within the ownership of Tribhovanbaug Park Cooperative Housing Society Ltd. The appellant sought injunction against the transferring, parting with disputed land by defendant Nos. 1 to 3 in any manner. During the pendency of the suit certain declarations are also sought. The said suit was dismissed vide judgment and order dated 28.10.2010 by the learned Additional Civil Judge, Gandhinagar. Against the said judgment and order present appellant preferred Regular Civi


















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