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2022 Supreme(Guj) 319

J. B. PARDIWALA, VAIBHAVI D. NANAVATI
Rabari Nagjibhai Maneklal – Appellant
Versus
Nilamben Upendrabhai Shah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. H.M. PARIKH, LD. SR. COUNSEL WITH MR JAYPRAKASH UMOT
For the Respondent: MR. S.N. SOPARKAR, LD. SR. COUNSEL WITH LD. COUNSEL MR. UNMESH D. SHUKLA AND MR MANAV A MEHTA, SHASHVATA U SHUKLA

JUDGMENT :

J.B. Pardiwala, J.

1. This appeal under Section 96 of the Civil Procedure Code, 1908 (for short "the CPC") is at the instance of the original defendant No.4 and is directed against the judgment and decree passed by the Principal Senior Civil Judge, Kalol, District: Gandhinagar dated 11 th August, 2017 in the Special Civil Suit No.58 of 2015 instituted by the respondents Nos.1 and 2 respectively herein (original plaintiffs), by which, the suit filed by the original plaintiffs for declaration and possession came to be allowed.

2. The operative part of the impugned order reads thus;

    "ORDER

1. The present suit of plaintiffs is hereby decreed.

2. It is held that present plaintiffs are absolute owners of immovable property i.e, Plot No.11 of Survey Block No.487 of village Rancharda, Taluka: Kalol, District: Gandhinagar, on the basis of registered sale deed having Registration No.8041 dated 15.12.2012.

3. It is also ordered that Defendant No.4 is directed to demolish the wall constructed and gate made by him at the earliest. On failure of Defendant No.4 to perf

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