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2016 Supreme(Guj) 1230

M.R.SHAH, A.S.SUPEHIA
Mohanbhai Maganbhai Patel – Appellant
Versus
Miral Vallabhbhai Surani – Respondent


Advocates Appeared:
For the Appellant :R.R. Marshal, Ld. Senior Advocate and Arpit A. Kapadia, Advocate.
For the Respondent: Dhaval D. Vyas, Caveator.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Additional Senior Civil Judge, Surat dated 29.04.2016 passed below Exh. 37 in Special Civil Suit No. 605 of 2013, by which, the application submitted by the original defendants, in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure for rejecting the plaint, the original plaintiffs have preferred the present First Appeal.

2. That the appellants herein - original plaintiffs had instituted Special Civil Suit No. 605 of 2013 against the respondents - original defendants in the Court of learned Principal Senior Civil Judge, Surat for declaration and permanent injunction and in the alternative for damages/compensation. The suit which is filed in the month of October 2015, the original plaintiffs have prayed to declare the registered sale deed dated 25.03.2003 (with respect to land bearing block No. 146, Town Planning Scheme No. 58 and Final Plot No. 46 situated at village Bamroli); the sale deed dated 27.06.2002 (with respect to land bearing block No. 141, Town Planning Scheme No. 58 and Final Plot No. 42 situated at village Bamroli) and the registered sale de
















































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