SANDEEP N. BHATT
Khodaji Shivaji – Appellant
Versus
Mafaji Moptaji – Respondent
ORDER :
1. The present petition is filed by being aggrieved and dissatisfied with the order dated 11.05.2022, passed by the 9th Addl. Civil Judge, Mirzapur, Ahmedabad (Rural) in Regular Civil Suit No.300 of 2005 below Exh.70 and 143, whereby the trial Court has allowed the third party application filed by Sakariben Khodaji Shivaji Thakor – respondent No.8 herein for joining as plaintiff in the abovementioned suit.
2.1 Brief facts of the case are as such that the deceased - Khodaji had filed a Regular Civil Suit No.300 of 2005 for permanent injunction and declaration of the property situated at Village: Vejalpur, bearing Revenue Survey No. 988 (New Survey No.315 - on renumbering when transferred the said property to Jodhpur Gam, Ahmedabad) admeasuring 5 acre 36 gutha. It is the case of the petitioners that the present petitioners is having the possession of the land. Further, during proceeding of the suit proceedings, plaintiff Khodaji expired on 15.02.2009, leaving behind his legal heirs i.e. petitioners as well as respondent Nos.1 to 7 herein and accordingly, the present petitioners along with said respondents were brought on record of the suit proceedings as a legal heirs.
2.2 It
Anurag Mittal Versus Shaily Mishra Mittal reported in (2018) 9 SCC 691
M/s Hulas Rai Nath Versus Firm K.B. Bass & Co. reported in AIR 1968 SC 111
Garment Craft Versus Prakash Chand Goel reported in (2022) 4 SCC 181
Anil Dinmani Shankar Joshi v. Chief Officer, Panvel Municipal Council, Panvel, AIR 2003 Bom. 238
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