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2017 Supreme(Guj) 1909

AKIL KURESHI, BIREN VAISHNAV
Veljibhai Mavjibhai Mistry – Appellant
Versus
Joitiben – Respondent


Advocates Appeared:
For the Appellants : Deven Parikh, Mr. Devarshi C. Shah.
For the Respondents: B.J. Trivedi, J.T. Trivedi, Mehul S. Shah, Saurabh Soparkar, Mr. Tattvam K. Patel, Ms. Jignasa B. Trivedi.

JUDGMENT :

BIREN VAISHNAV, J.

1. These first appeals arise out of judgments and decrees passed by the learned 4th Additional Senior Civil Judge, Gandhinagar. Special Civil Suit No. 89 of 2010 was filed by the respondents No. 1 to 3 of First Appeal No. 2254 of 2015 whereas Special Civil Suit No. 90 of 2010 was filed by respondents No. 1 to 6 of First Appeal No. 2255 of 2015. As by the judgments and orders dated 24th September 2015, the suits having a common set of facts were decreed in favour of the respective plaintiffs, the common defendant No. 3 in both these suits, is in appeal before this court, albeit in separate appeals.

2. Two separate parcels of land, owned and possessed by two separate sets of owners, approached the Civil Court to set aside transactions of sale of their respective lands, initially in favour of defendant No. 2, who subsequently sold the lands in favour of defendant No. 3 (Appellant). According to the plaintiffs, such sale transactions ought be declared as non-est and therefore not effective, as according to the plaintiffs, the document ,Power of Attorney i





























































































































































































































































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