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2021 Supreme(Guj) 1053

VAIBHAVI D.NANAVATI
VALIBEN JETHABHAI MAKWANA – Appellant
Versus
BHALABHAI JETHABHAI MAKWANA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR SANDEEP R LIMBANI
For the Respondent: MR P B KHANDHERIA, MR PRATIK Y JASANI

ORDER :

1. This appeal from order is filed under Order 43 Rule 1(r) of the Civil Procedure Code, 1908 at the instance of the appellants (original plaintiffs) being aggrieved and dissatisfied by the order dated 3.5.2018 passed by the 4th Additional Senior Civil Judge, Rajkot below application Ex.5 in the Special Civil Suit No.42 of 2016, whereby the said application for temporary injunction came to be rejected.

2. The facts giving rise to this appeal from order may be summarized as under :-

    2.1 The appellants – original plaintiffs instituted a suit being Special Civil Suit No.42 of 2016 in the Court of Principal Senior Civil Judge (S. D.) Rajkot against the defendants No.1 to 12 inter alia praying for a decree in favour of the appellants to the extent that the appellant No.1 (wife of the deceased) holds 33.33% and the appellant No.2 (daughter of the deceased) holds 9.52% share in the suit land situated in Survey No.180 Paiki 2 admeasuring 2-02-34 Hec. Are Sq.Mtrs. The appellants have prayed for cancellation of the registered sale deed dated 10.3.2014 being Entry No.1326 and sale deed dated 7.8.2014 being Entry No.1904. It is further prayed for a injunction restraining the defendants f

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