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2023 Supreme(Guj) 441

SANGEETA K. VISHEN
Hemdeep Ambalal Patel – Appellant
Versus
Anilbhai Bholabhai Patel – Respondent


Advocates Appeared:
For the Appellant : Mr. Amrish K. Pandya.
For the Respondent: Abhisst K. Thaker.

ORDER :

1. The present Second Appeal, has been filed challenging the judgment and order dated 30.03.2019 passed by the learned 6th Additional District Judge, Vadodara whereby, the appeal filed by the appellants – original plaintiffs, came to be partly allowed and the judgment and decree dated 18.06.2018 passed by the learned 7th Additional Senior Civil Judge, Vadodara, came to be confirmed.

2. The issue, revolves around survey no.37. It is the case of the appellants – original plaintiffs that the suit property (hereinafter referred the ‘disputed land’) was an ancestral property and was in the joint ownership of the original plaintiffs and original defendant nos.3 to 6 as it belonged to Gokalbhai Bhagwandas Patel, i.e. the grandfather of the original plaintiffs. According to the appellants, the disputed land was surreptitiously sold to original defendant nos.1 and 2 by executing a registered sale deed dated 31.07.2003. According to the appellants, at the time of the sale of the suit property, the appellant no.1 – original plaintiff no.1, was minor; whereas, the original plaintiff nos.2 to 5 were not aware about the said transaction, as the consent was not obtained despite the fact th

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