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2021 Supreme(Guj) 969

VAIBHAVI D.NANAVATI
PRASHANT SUBODHBHAI GAJJAR – Appellant
Versus
NIKHIL SUBODHBHAI GAJJAR – Respondent


Advocates Appeared:
For The Appellant : MR. NIRAV G RAMANI, MS TRUSHA K PATEL
For The Respondent: MR VIMAL A PUROHIT

ORDER :

1. The present appeal from order is filed at the instance of the appellants (original plaintiffs) under Order 43 Rule (1)(r) of the Code of Civil Procedure, 1908 being aggrieved and dissatisfied by the order dated 22.7.2019 passed by the City Civil Court, Ahmedabad below Ex.6 & 7 in the Civil Suit No.1533 of 2016.

2. The appellants filed the Civil Suit No.1533 of 2016 seeking the following reliefs :-

    “(A) The property flat situated in Twins Apartment, Maninagar is under the ownership and occupancy of deceased Kumudben Subhodbhai Gajjar and the property flat No.5 and 6 situated in Twins Apartment is under the ownership of deceased Subhodbhai Jamnadas Gajjar as mentioned in para-2 of the Plaint. As the deceased have died intestate, we-the Plaintiffs are direct heirs as per Hindu Succession Act and our equal share devolves over the property. Hence, Your Honour is prayed to award decree as per metes and bounds in favour of we-Plaintiffs.

(B) Your Honour may be pleased to declare that, the Respondents have no right to cause any obstruction, prevention or hindrance in the possession or the occupancy of Flat No.3 owned by Plaintiff No.1 and Flat No.4 owned by Plaintiff No.2 situated o

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