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2023 Supreme(Guj) 268

NIRZAR S. DESAI
ZALA KALUSINH KODARSINH – Appellant
Versus
PATEL HARSHADBHAI VALJIBHAI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : PRITESH M. SHAH.

ORDER :

1. By way of this civil revision application, the applicant has prayed for quashing and setting aside the order dated 27.1.2023 passed in an application below Exh.33 in Special Civil Suit No. 2 of 2021.

2. Heard learned advocate Mr. Pritesh Shah appearing for the applicant.

3. The present applicant is the original defendant in Special Civil Suit No. 2 of 2021 preferred by one Patel Harshadbhai Valjibhai. The facts which would lead to the filing of present civil revision application are stated as under.

4. The original plaintiff preferred a suit for specific performance and declaration against the present applicant stating that the present applicants are joint owners and occupiers of an agricultural land admeasuring 5-79-72 Hec-are- Sq. mtr situated at Survey No. 377 at Mouje Talod, Taluka at Talod, District Sabarkantha. Out of the aforesaid land held by the present applicant a portion admeasuring 2-14-13 Hec-are-Sq.mtr was decided to be sold to the original plaintiffs by total lamb-sum compensation of Rs.52,22,000/- for which a registered agreement to sale without possession was executed by the present applicants with the original plaintiffs (present defendants). The aforesaid

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