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2023 Supreme(Guj) 282

A. S. SUPEHIA, DIVYESH A. JOSHI
Shantilal Shankarbhai Patel Since Deceased – Appellant
Versus
Patel Dalsukhbhai Nanabhai (Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Tejas S Trivedi
For the Defendant : Mr Rutvij S Oza, Mr Umang R Vyas

JUDGMENT :

A.S. SUPEHIA, J.

1. ADMIT. Learned advocates Mr.Rutvij Oza and Mr.Umang Vyas waives service of notice of admission on behalf of respondent nos.4 to 8 and respondent no.9 respectively.

2. Present First Appeal emanates from the judgment and decree dated 11/05/2017 passed by the learned 15" Additional Civil Judge, Vadodara, whereby learned trial Court has allowed Exh.-26 application under Order 7 Rule 11 of Civil Procedure Code filed by the original Defendant Nos. 4 to 9 and thereby has rejected the suit filed by the present appellants-original plaintiffs being Special Suit no. 129 of 2015.

3. The short facts of the case are that the aforesaid suit was filed by the appellants-plaintiffs against the respondents-defendants for cancellation of Sale Deed and other allied reliefs by alleging that defendants nos. 1 to 3 has wrongly mutated entries of their names in revenue records of land admeasuring 12343 Sq. Meters, bearing Revenue Survey No. 976. It is stated that respondent nos.1 and 2 are the relatives of appellant no.1. It is also stated that in the year 2002 respondent nos

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