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2022 Supreme(Guj) 1266

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
STATE OF GUJARAT – Appellant
Versus
JAYANTILAL JAMNADAS THAKKAR – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MANAN MEHTA.
For the Respondents: A.J. YAGNIK, HRIDAY BUCH.

JUDGMENT :

ARAVIND KUMAR, J.

1. This intra-court appeal lays a challenge to the order dated 27.2.2020 passed in Special Civil Application No. 7045 of 2018. Though the matter is listed on admission, by consent of learned advocates appearing for both parties, it is taken up for final disposal.

2. Facts shown of unnecessarily details can be crystallised as under.

3. The land bearing Survey No. 103/1 paiki 2 in Village: Kamodi, Taluka: Deesa, District Banaskantha, admeasuring 0- H-25-A-28 sq. mtrs. (2591 sq. mtrs.) was originally owned by one Mr. Harijan Pethabhai Bhikabhai and during his lifetime he executed a Will dated 5.7.2005 bequeathing the said property in favour of writ applicant and on his demise on 29.12.2005, writ applicant claims to have acquired right, title and interest over the said property by virtue of testamentary succession. Hence, an application was submitted to the revenue authorities to mutate the revenue records and accordingly, the revenue entry came to be mutated on 23.5.2006 in Revenue Entry No. 1395 and same came to be certified on 1.11.2006 in the name of the writ applicant namely, Mr. Jayantilal Jamnadas Thakkar and Smt. Kashiben Bansilal Modi (Heruwala). After

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