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2021 Supreme(Guj) 1223

VINEET KOTHARI, GITA GOPI
Harishbhai Tapubhai Shekhava – Appellant
Versus
Ahmedabad Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Vikram J Thakor
For the Respondent: Mr Deep D Vyas

JUDGMENT :

Vineet Kothari, J.

1. This intra-Court Appeal arises out of order dated 05.07.2017 passed by learned Single Judge dismissing the Special Civil Application No.12798 of 2016 filed by the present five appellants - Harishbhai Tapubhai Shekhava, Parshottambhai mangabhai Thakore, Dilipbhai Parshottambhai Thakor, Bhupendrabhai Parshottambhai Thakor and Vihaji Mangaji Thakor.

2. The facts giving rise to the present Letters Patent Appeal in a nutshell are as under.

2.1 The Appellants - Petitioners claimed their alleged rights over the land in question, situated at Vejalpur-2, on the basis of an Agreement to Sell executed by Vendor, who was not a party before the learned Single Judge, in their favour in the year 1986, for which the Appellants – Petitioners claimed that they have filed a Civil Suit for specific performance after 30 years in 2016 namely, Civil Suit No. 567 of 2016, which is pending in the Court of Principal Senior Civil Judge, Ahmedabad (Rural), in which, the issues are yet to be framed and hearing on the Injunction Application is to take place. The same Vendor appears to have executed and registered a Sale-Deed in favour of a third party, one Mr. Hanubhai Ramjibhai San

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