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2021 Supreme(Guj) 601

B.N.KARIA
LHRS OF DECD. GAUTAMBHAI KUBERBHAI PATEL (KALAL) – Appellant
Versus
LHRS OF DECD. NATHIBEN D/O SUKAJI MOTIJI KALAL AND WD/O MOTILAL MADHAVJI KALAL – Respondent


Advocates Appeared:
For The Appellant : MR MRUGEN K PUROHIT
For The Respondent: MR YH VYAS

JUDGMENT :

1. Rule returnable forthwith. Learned advocate Mr. Y.H. Vyas waives service of notice of rule for and on behalf of respective respondent.

2. As the common question and facts are involved in both petitions, joint request was made by learned advocates appearing from the respective parties to decide both the petitions by passing common order.

3. The petitioners in Special Civil Application No.11604 of 2021 have challenged the order dated 17.07.2021 passed below Exh.6 and 14 in Regular Civil Appeal No.4 of 2021 and petitioners in Special Civil Application No.11606 of 2021 have challenged the order dated 17.07.2021 passed below Exh.7 and Exh.15 in Regular Civil Appeal No.5 of 2021 by learned Additional District Judge, Sabarkantha (Idar).

4. Short facts of the present case may be referred as under:

    Regular Civil Suit No.11 of 2009 was filed by the respondent No.1 against the petitioners and respondent No.2 for declaration and permanent injunction wherein the plaintiff has challenged registered sale deed dated 10.07.2006 executed in favour of the present petitioner and Shri Mushbhai Kala by the power of attorney holder on 24.01.2007. Respondent No.1, original plaintiff also filed Re

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