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2021 Supreme(Guj) 297

ASHOKKUMAR C.JOSHI
Kunal Vinaykumar Rayllon – Appellant
Versus
Dhansukh Harjibhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Trusha K. Patel.
For the Respondents: Jenil M. Shah, Mr. S.K. Patel.

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. This petition under Article 227 of the Constitution of India is filed by the petitioners against the order dated 09.08.2019 passed below Exhs. 68 and 70 in Special Civil Suit No. 140 of 2015 by the learned 4th Additional Senior Civil Judge, and Additional Chief Judicial Magistrate, Bhuj-Kachchh.

2. Facts in brief of the case on hand are that the land bearing revenue survey No. 30 and 173P13 of Village: Mirzapur, Taluka: Bhuj, District: Kachchh is the land in dispute. The said land originally belonged to the respondent No. 1 herein viz. Dhansukhbhai Harjibhai Patel. On 02.05.2000, Dhansukhlal executed a power of attorney in favour of his brother-in-law namely Dhirajlal. Since Dhansukhbhai Harjibhai Patel was living in Oman, his properties were being managed by his brother-in-law Dhirajlal. On 13.6.2000, on the basis of power of attorney, Dhirajlal sold out one of the lands by a registered sale deed. On 14.12.2000, Dhirajlal applied for release of certain lands from the Notification issued by the Forest Department. On 25.07.2001, Dhirajlal Ladhabhai Patel, acting as power of attorney holder of Dhansukhbhai, applied for conversion of land bearing Sur

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