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2022 Supreme(Guj) 697

SANGEETA K.VISHEN
Bhemdas Dharmabhai Harijan(Sadhu) – Appellant
Versus
Satuben Kajabhai Harijan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR SP MAJMUDAR, RUSHABH H MUNSHAW
For the Respondent: MR. NISHIT P GANDHI, MR. ZALAK B PIPALIA, MS ASMITA PATEL, AGP

JUDGMENT :

Mr S. P. Majmudar, learned advocate appearing for the petitioners has tendered the draft amendment. Amendment is allowed in terms of the draft. The same shall be carried out forthwith.

2. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final disposal. Issue Rule, returnable forthwith. Ms Asmita Patel, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent State. Mr Nishit P. Gandhi, learned advocate waives service of notice of rule on behalf of respondent no.1 and Mr Zalak Pipalia, learned advocate waives service of notice of rule on behalf of respondent nos. 2 to 4.

3. This petition, under Articles 226 and 227 of the Constitution of India, seeks to challenge the order dated 5.6.2020 passed by the Mamlatdar as well as the order dated 24.7.2020 passed by the Deputy Collector in revision application no.10 of 2020.

4. The facts are that the respondent no.1 had filed an application before the Mamlatdar under Section 5 of the Mamlatdars’ Courts Act, 1906 (hereinafter referred to as the “Act of 1906”). According to the respondent no.1, she is the owner of revenue survey No.532 and

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