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2020 Supreme(Guj) 982

G.R.UDHWANI
Himanshubhai Pannalal Kothari – Appellant
Versus
Hasubhai Kalubhai Shaikh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : D.K. Puj
For the Respondents: Malav M. Mulani, Tejas P. Satta, Sandhya D. Natani and Ruchir A. Patel

ORDER :

G.R. Udhwani, J.

1. Order dated 16.04.2016 rendered below Exh. 11 and Exh. 8 by the learned Principal Senior Civil Judge, Radhanpur in Regular Civil Suit No. 1 of 2015 under Order 7, Rule 11 of the Code of Civil Procedure, 1908 (for short 'CPC') rejecting the application seeking rejection of the plaint is sought to be assailed by unsuccessful defendant in these Civil Revision Applications under Section 115 of CPC.

2. The dispute in the suit centers around the land bearing Revenue Survey Number No. 377/b/6 paiki of Radhanpur City Survey Sheet No. 85, City Survey Note No. 6553 admeasuring 0.29 guntha i.e 2934 square meters.

    2.1. One deceased Hasubhai Kalubhai Shaikh the father of the opponent Nos. 1 to 5 was the owner of the said land. He is said to have conveyed the titles thereon to the petitioner by the sale-deed dated 08.07.1988; the vendor died on 10.10.1990:

2.2. Opponent Nos. 1 to 5 raised the dispute in relation to the said land in the notice addressed to the petitioner. The grievance in the notice was that the dispute which was earlier raised in respect of the identification of two parcels of land still persists and what had been sold to the petitioner is the land admeas

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