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2021 Supreme(Guj) 975

B.N.KARIA
JAYESHKUMAR CHHAKKADDAS SHAH – Appellant
Versus
TARUN CHANDULAL PUROHIT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. MEHUL SHAH, SR.COUNSEL FOR MR. ASHOK A PUROHIT
For the Respondent: MR JC VYAS

ORDER :

1. Present applicant, who is the original defendant No.3 before the Court below in Regular Civil Suit No. 72 of 1997, has challenged the order dated 24.7.2019 passed below Exh. 292 by the learned 3rd Additional Senior Civil Judge, Gandhinagar in Regular Civil Suit No. 72 of 1997.

2. The short facts leading to the present case are as under:-

3. The original plaintiffs who are the respondent No.1 to 4 herein filed Regular Civil Suit No. 72 of 1997 before the Court of learned 3rd Additional Sr. Civil Judge, Gandhinagar against the present applicant and respondent No. 4 to 15. Initially the said suit was filed only against three defendants namely defendant No.1 - Anilbhai S.Gandhi 2. Amijara Farms Pvt. Ltd. and present applicant, subsequently, other defendants were added by the applicants. In the suit filed by the original plaintiffs, prayer was made for setting aside the consent decree passed in Regular Civil Suit No. 89 of 1996. According to the plaintiffs in the suit, consent decree was obtained by the original defendant No.3 illegally and by fraud as well as misrepresentation. In the title of the suit, the said suit was for declaration and mandatory injunction. Subsequently in

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