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2023 Supreme(Guj) 672

VAIBHAVI D. NANAVATI
Nasir Ismail Indragadia – Appellant
Versus
Jiyauddin Umarmiya Indragadia – Respondent


Advocates Appeared:
For the Petitioners: Harsh V. Gajjar.
For the Respondents: Mr. S.P. Majmudar.

ORDER :

1. By way of the present petition, the petitioners herein have aggrieved by the impugned order dated 20.12.2017 passed below Exh.104 as well as impugned order dated 31.01.2018 passed below Exh.110 in the proceedings of the Special Civil Suit No. 24 of 2017.

2. The brief facts leading to the filing of the present petition for the adjudication of the dispute in question read thus:

2.1. The Special Civil Suit No. 27 of 2012 (subsequently re-numbered as Special Civil Suit No. 24 of 2017, again renumbered as Special Civil Suit No. 45 of 2018 pending before the Principal Senior Civil Judge and Addl C.J.M., Taluka Court, Umargam, Dist.: Vapi) came to be preferred by the respondent no.1 – original plaintiff against the petitioners (original defendant nos. 5, 6, 7 and 9) and other co-defendants seeking the relief of declaration and challenge to the registered sale deeds, possession of the suit land and consequential relief of perpetual injunction.

2.2. It is the case of the original plaintiff that the suit lands being Survey No. 129/3, 131/2, 132/1, 135/12 and 212/6 situated at Mouje: Sanjan, Tal.: Umargam, Dist.: Valsad were belonging to the sole ownership of the great grandfather

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