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2021 Supreme(Guj) 831

B.N.KARIA
Patel Hiteshkumar Natwarlal – Appellant
Versus
Govindbhai Shankarbhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sandip M Patel
For the Respondent: Mr. Rajendra D Jadhav

ORDER :

1. Rule returnable forthwith. Learned advocate Mr. Rajendra D. Jadhav waives service of notice of rule for and on behalf of respondent Nos.2, 3 and 5.

2. By way of present petition, petitioners have requested for following reliefs:

    (a) Your Lordships may be pleased to admit this petition;

(b) Your Lordships may be pleased to quashed and set aside the order dated 20.04.2019 passed by the learned Principle Senior Civil Judge, Viramgam in Civil Misc. Application No.13 of 2014 in Restoration application in Special Civil Suit No.553 of 2008 and Heard the Case of the Petitioners on Merits;

(c) Be pleased to grant any other relief/s as may deem fit proper, in the interest of justice.

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

That petitioners are the original plaintiffs of Special Civil Suit No.553 of 2008, which is filed for the cancelation of sale deed and specific performance of the agreement. As per the averments, the respondent No.1 had executed one registered agreement to sell the land of Survey No.303 situated at Rudatal Village for Rs.47,008/- dated 7.7.1995 without possession. As per condition, respondent Nos.1 and 4 were to clear the title and execute the sa

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