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2021 Supreme(Guj) 1216

VIPUL M. PANCHOLI
Pravinchandra Manilal Dave – Appellant
Versus
Contractor Dineshbhai Ramniklal – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Mrugen K Purohit
For the Opponent : Mr. Kishan Y Dave, Mr Rasesh H Parikh, Mr.Hemang H Parikh

JUDGMENT :

1. This Revision Application has been filed under Section 115 of the Code of Civil Procedure, 1908 (“the Code” for short), in which, the applicant – original defendant has challenged the order dated 27.09.2020 passed by the learned 6th Additional Senior Civil Judge, Nadiad, below application Exh.52 filed in Regular Civil Suit No.153 of 2007.

2. Heard learned advocate Mr.Mrugen Purohit for the applicant and learned advocate Mr.Hemang Parikh for the respondents caveators.

3. Learned advocate Mr.Purohit appearing for the applicant submitted that the present respondents – plaintiffs have filed Regular Civil Suit No.153 of 2007 for declaration and for possession of the suit property and prayed that the defendant is enjoying the suit property by virtue of leave and licence right and has also prayed to direct the defendant to handover the possession of the suit property to the plaintiff Trust. It is also prayed that the declaration be given that the defendant had no right to do seva puja as Pujari in the temple as his right to do puja has been cancelled by passing resolution. Learned advocate for the applicant has referred the plaint, a copy of which is placed on record at Page- 2

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