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2017 Supreme(Guj) 594

B.M.TRIVEDI
Hemendra Ishwarbhai Patel – Appellant
Versus
Gokulbhai Shanabhai – Respondent


Advocates Appeared:
For the Appellant :Mihir Thakore, Sr. Advocate and Premal R. Joshi, Advocate
For the Respondent:Mehul S. Shah, Sr. Advocate and Pratik Y. Jasani, Advocate

JUDGMENT :

B.M. Trivedi, J.

1. Rule. Mr. Pratik Jasani, learned Advocate for the opponents waives service of notice of Rule.

2. With the consent of the learned Advocates for the parties, the matter is heard finally.

3. The present Civil Revision Application, filed under Section 115 of CPC by the applicants (original defendant Nos. 13 and 14), is directed against the order dated 4.9.2013 passed by the Senior Civil Judge, Ahmedabad (Rural) (hereinafter referred to as "the trial Court") below Exh. 57 in Special Civil Suit No. 474 of 2009, whereby the trial Court has rejected the said application filed by the applicants, seeking rejection of the plaint under Order VII Rule 11 of CPC.

4. A few germane facts as stated in the plaint by the respondent Nos. 1, 2, and 3 (original plaintiffs) are that the respondent No. 4 Dineshbhai Ambalal (defendant No. 1) was the owner of the lands bearing Survey No. 228/1/2/3/4/5 admeasuring 2 Hectares 85 Are 31 Sq. mtrs., and Survey No. 224/1/2/3 admeasuring 2 Hectares 23 Are 59 Sq. mtrs. The respondent No. 4 (defendant No. 1) had executed an agreement to sell the said lands in favour of the deceased Gokulbhai Shanabhai (predecessor of the respondent Nos. 1/1























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