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2021 Supreme(Guj) 974

VAIBHAVI D.NANAVATI
DIVYANG JAYANTILAL MEVADA – Appellant
Versus
HEIRS OF JIVAJI MOHANJI THAKOR – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. PERCY KAVINA, SENIOR COUNSEL WITH MR RUTVIJ M BHATT
For the Respondent: JIGESH K SHAH, MR. D.C. DAVE, SENIOR COUNSEL WITH MR JF MEHTA, MR. MEHUL SHAH, SENIOR COUNSEL WITH MR.BHANUKUMAR B AGRAWAL, MR. ANSHIN DESAI, SENIOR COUNSEL WITH MR.PARTH CONTRACTOR, MS TRUSHA K PATEL

ORDER :

1. This is an application seeking grant of leave to the Second Appeal under Section 151 /w. Section 96 of the Code of Civil Procedure, 1908 challenging the order passed by the 3rd Additional District Judge (Rural), Ahmedabad in Regular Civil Appeal No. 43 of 2007 dated 20.03.2020.

2. The facts leading to the filing of the present application as stated by the applicant are summarized thus:

2.1. It is the case of the applicant that the applicant is an agriculturist and owner of land bearing Survey No. 761/1+2 undivided portion, 761/3/1, 761/3/2 and 76/5 admeasuring 11 acres and 5 gunthas of land of Village: Naroda, Tal. & Dist.: Ahmedabad. It is the case of the applicant that grandfather of the applicant i.e. late Jethabhai Dalabhai Mevada desirous of purchasing the abovereferred agricultural land and entered into negotiations with the respondent no.2 – Sakalchand Ishvarbhai Patel (the joint owner of the lands) and on due verification with regard to the details of the land question, it came to the knowledge of the grandfather of the applicant that respondent no.2 - Sakalchand Ishvarbhai Patel had earlier executed one agreement to sale with Jivanbhai Ambalal Patel of Unja for the

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