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2021 Supreme(Guj) 479

SANGEETA K.VISHEN
Rohit Prahaladji Thakore – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. S.P. Majmudar, Mr. H.J. Karathiya.
For the Respondents: Mr. Bharat Vyas, Mr. Deep D. Vyas.

JUDGMENT :

SANGEETA K. VISHEN, J.

1. By this petition, the petitioner has prayed for quashing and setting aside the order dated 26.04.2017 passed by the respondent no. 2-Corporation (hereinafter referred to as ‘the Corporation’).

2. The facts are to the following effect:

    2.1 According to the petitioner, the petitioner and his family members are in occupation and possession of land bearing revenue survey no. 3/2 admeasuring 5160 square meters situated at Village Bodakdev, Taluka Daskroi, District Ahmedabad (hereinafter referred to as ‘the land in question’). Father of the petitioner, namely, Prahladji Manaji Thakor, executed a sale deed dated 03.01.2006 in favour of Pursottam Ramani a non-agriculturist and according to the petitioner, the said sale deed, was not genuine. Also, the petitioner had undivided share in the land in question and by misrepresentation and fraud, the said sale deed has been executed. Thereafter, Purshottam Ramani executed another sale deed dated 10.09.2008 in favour of Gala Infrastructure Pvt. Ltd. The petitioners since aggrieved, filed a Special Civil Suit No. 461 of 2013 (hereinafter referred to as “the Suit”) challenging the sale deed dated 10.09.2008 executed

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