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2022 Supreme(Guj) 1534

HEMANT M. PRACHCHHAK
Harish Ambalal Choksi – Appellant
Versus
Narendra Ambalal Choksi – Respondent


Advocates Appeared:
For the Appellant : Mr. M.G. Nagarkar.
For the Respondent: Deceased Litigant, Mr. Hasit Dave.

JUDGMENT :

1. Being aggrieved and dissatisfied by the order dated 10.01.2022 passed by the learned 2nd Additional Senior Civil Judge, Vadodara (hereinafter be referred to as “the Trial Court”) below Exhibit 5 in Special Civil Suit No. 54 of 2019, the appellants have preferred the present appeal under Order XLIII Rule 1 read with Section 104 of the Civil Procedure Code, 1908.

2. Brief facts of the present case are in nutshell as under:-

2.1 The original plaintiffs filed present suit being Special Civil Suit No.54 of 2019 for declaration, cancellation of registered sale deed bearing No. 2863 dated 23.03.2018 and permanent injunction against original defendants before Civil Court (Senior Division) at Vadodara and prayed for various reliefs in suit along with injunction application below Exhibit 5 under order 39 Rule-1 and 2 read with Section 151 of Civil Procedure Code.

2.2 It is the case of original plaintiffs that plaintiffs No.1 to 3 are real brothers and plaintiffs No.4 to 6 are the respective wives of original plaintiffs No.1 to 3, original defendant No.1 is the real brother of original plaintiffs No.1 to 3, original defendant No.2 is the wife of original defendant No.1, original

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