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2019 Supreme(Guj) 589

A.J.SHASTRI
Emrald Co Operative Housing Society Ltd. – Appellant
Versus
Decd. Gulamkadar S/o Gulam Husain Abdulkadar and Bai Shakarbu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Dhaval C Dave, Senior Advocate With Mr. Jigar M Patel(3841)
For the Respondent:Mr. BB Naik, Senior Advocate With Mr. Tejas S Trivedi(5692)

JUDGMENT :

1. Rule. Learned advocate, Mr. Tejas S. Trivedi appearing for the respondents waives service of notice of rule.

2. This group of Civil Revision Applications is arising out of orders dated 28.8.2017 passed by the learned 4th Additional Civil Judge, Kalol, Gandhinagar, whereby the applications submitted by original defendant Nos.5 and 6 under Order 7 Rule 11(d) of the Civil Procedure Code in respective suits came to be rejected.

3. Since common questions of facts and law are arising in this group of matters, as per the submissions of the learned advocates, they were heard together and are being disposed of by present common judgment and order by treating Civil Revision Application No.136 of 2019 as a lead matter.

4. The facts emanating from Civil Revision Application No.136 of 2019 are that original defendant No.5-Emrald Cooperative Housing Society Ltd., the present petitioner herein, entered into a transaction by purchasing the land, which is the subject matter of suit, by registered sale documents, four in number, on 12.5.1982 from the original land owners i.e. fathers of respondent Nos.15 to 17 namely, (1) Sursangji Aataji Thakor, (2) Shanaji Aataji Thakor (3) Virsangji Aat

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