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2018 Supreme(Guj) 980

BIREN VAISHNAV
Mohammad Ali Saraf Ali – Appellant
Versus
Jasabhai Lakhabhai Bharwad – Respondent


Advocates Appeared:
R.M. Pardiwala, Adv., Amit N Patel, Adv., Bhargav Karia, Adv., Asso, Adv., Anal S Shah, Adv.

JUDGMENT

BIREN VAISHNAV, J.

1. The present revision application has been filed by original defendant Nos. 18 to 21. They are aggrieved by the order dated 15.12.2014 passed by the learned 3rd Additional Civil Judge (SD) Amreli by which, their application Exh.52 under Order 7 Rule 11 of the Code of Civil Procedure, 1908, came to be rejected.

2. The facts in brief are as under:

2.1 The respondent No.1 original plaintiff filed a suit being Regular Civil Suit No. 144 of 2013 in the Court of the learned 3rd Additional Civil Judge, (SD), Amreli. The respondent Nos. 2 to 18 are original defendants Nos. 1 to 17 in the said suit. The plaintiffs case was that his father Lakhabhai had four sons. Samatbhai and the plaintiff were two sons. Samatbhai had expired. There was land admeasuring 500 meters in Amreli bearing Survey No. 943, Survey No. 946,947 and 948, which in all was admeasuring 6 hectares and 56 R.A. The land was in the name of one Mohammad Ali, Sakinaben, Shirinalibai, Nafisa, Sarafali and Hussainabai. On the death of Hussainabai on 27.7.2003, her name was deleted from the revenue records on 23.05.2013. As a result, the names of Mohammad Ali and his three sisters, namely, Sakinaben, Shir









































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