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2021 Supreme(Guj) 551

NIKHIL S.KARIEL
Maheshbhai Ramaniklal Contractor – Appellant
Versus
Dineshbhai Ramniklal Contractor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Sudhir Nanavati for M/s. Nanavati & Nanavati
For the Respondent: Mr K.S. Nanavati for M/s. Nanavati Associates

JUDGMENT :

1. Heard learned Senior Counsel Shri Sudhir Nanavati for M/s. Nanavati & Nanavati for the appellant and learned Senior Counsel Shri Kirtikant S. Nanavati for M/s. Nanavati Associates for the respondent.

2. By way of present Second Appeal, the appellant challenges the judgment and order passed by the learned 5th Additional District Judge, Kheda at Nadiad in Regular Civil Appeal No.71 of 2019 dated 21.10.2019, whereby the judgment and decree passed by the learned Principal Senior Civil Judge, Kheda, in Civil Misc. Application No.282 of 2018 dated 03.04.2019 was set aside and consequently, the Succession Certificate issued in the name of the appellant – Maheshbhai Ramniklal Contractor vide judgment and order dated 20.04.2017 in Succession Application No.73 of 2016 passed by learned Principal Senior Civil Judge, Kheda at Nadiad, had been revoked.

3. Brief facts leading to the Second Appeal can be summarized as follow:

3.1 The appellant herein had preferred Succession Application No. 73 of 2016 before the learned Principal Senior Civil Judge, Kheda at Nadiad under Section 372

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