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2019 Supreme(Guj) 305

A.J.SHASTRI
HARJI SHIVJI HIRANI – Appellant
Versus
VISHRAM HARJI HIRANI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Mehulsharad Shah
For the Respondent: Mr Paresh M Darji

ORDER :

1. The present revision application under section 115 of the Code of Civil Procedure is directed against an order dated 19-4-2018 passed below Exh.14 in Regular Civil Suit No. 235 of 2010 by the learned Additional Civil Judge, Bhuj by virtue of which, the application under Order 7 Rule 11 of CPC came to be rejected.

2. The case in brief is that present respondents herein who are the original plaintiffs have instituted a suit being Regular Civil Suit No. 235 of 2010 for setting aside the sale deed dated 15.7.2008 and also claiming share in the property along with other incidental reliefs and also praying for permanent injunction.

3. The present petitioners, on the ground that during the subsistence of father as well as grandfather, sale deed had been executed with respect to land bearing Revenue Survey No.195/P admeasuring 5-16-00 RA of Village Ratia, Taluka Bhuj, District Kutch, have asserted that land was never ancestral property and as such, the plaintiffs being the grandsons are not entitled to seek any partition. Based upon this main premise, the written statement also came to be submitted at Exh.22 by raising dispute about the rights of the plaintiffs, dispute about the f

























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