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2021 Supreme(Guj) 1228

VINEET KOTHARI, BIREN VAISHNAV
Ravhjibhai Chhotabhai Patel – Appellant
Versus
Competent Officer & Dy Collector – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jitendra M Patel
For the Respondent: Mr. K.M. Antani

JUDGMENT :

VINEET KOTHARI, J.

1. With the chequered and littered history of litigation, present Intra Court Appeal in a dispute arising under provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act, 1976), has landed on our board from a dispute arising with the execution of a purported Will on 30.5.1974 by one Javerbai w/o Somabhai Mohanbhai in respect of agricultural land bearing Survey No.660/2 and Survey No.662 of Village: Kapurai, District: Vadodara allegedly in favour of the present Petitioners/Appellants namely, (i) Ravhjibhai Chhotabhai Patel, now represented by his Legal Heirs namely, daughter Minaben and son Umeshbhai; (ii) Narayanbhai Chhotabhai Patel; (iii) Manharbhai Chhotabhai Patel; and (iv) Shantilal Chhotabhai Patel, all four said to be related to her, being sons of her husband's brother – Chhotabhai.

2. The learned Single Judge, by the impugned judgment and order dated 27.7.2016, dismissed Special Civil Application No.2206 of 1986 after 30 years of its being filed in the High Court and that too in the second round before the learned Single Judge only; once the earlier order of learned Single Judge dated 16.6.2000 holding the proceedings under ULC Act,

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