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2016 Supreme(Guj) 1994

BELA M.TRIVEDI
Dhirajlal Bechardas Dhamelia – Appellant
Versus
Pramodchandra Ratilal Gajjar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR MIHIR THAKORE FOR MR P P MAJMUDAR, ADVOCATE, MR SP MAJMUDAR, ADVOCATE
For the Respondent:MR DHAVAL D VYAS, ADVOCATE, MRS KETTY MEHTA FOR MR MANAN A SHAH, ADVOCATE

JUDGMENT :

1. With the consent of the learned advocates for the parties, the matter is decided finally at the admission stage.

2. The present Appeal has been filed by the appellants who are the defendant Nos.14 and 15, challenging the impugned order dated 29.4.2014 passed by the Thirteenth Additional Senior Civil Judge and Additional CJM, Surat (hereinafter referred to as the "trial Court") below Exhibit 5 in Special Civil Suit No.386 of 2008, whereby the trial Court has partly allowed the said application by directing the appellants to maintain status-quo in respect of the title, ownership, position and possession of the disputed property till the final disposal of the suit.

3. The undisputed facts, which have emerged during the course of arguments are that late Shri Maganlal was the common ancestor of the respondent Nos.1 to 15 (who are the plaintiffs and the defendant Nos.1 to 13 in the suit). The said Maganlal had four sons named Nanalal Maganlal, Ratilal Maganlal, Jayantilal Maganlal and Mohanlal Maganlal. The family members of Nanalal Maganlal, Ratilal Maganlal and Jayantilal Maganlal, who are the respondents herein, had purchased the plot Nos.1 to 94 bearing Revenue Block No.40

















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