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2023 Supreme(Guj) 901

NIKHIL S. KARIEL
LH of Dashrathbhai Jivabhai Patel – Appellant
Versus
Patel Ambaben W/o Virabhai – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Dakshesh Mehta, Rushang D. Mehta.

ORDER :

1. Heard learned Advocate Mr. Dakshesh Mehta on behalf of the appellants.

2. By way of this appeal, the appellants have sought to challenge an order passed by the learned Principal Senior Civil Judge, Kalol, dated 30.09.2022, rejecting the plaint preferred by the present appellants in Special Civil Suit No. 41 of 2017, under the provisions of Order 7 Rule 11(a) and (d) of the Code of Civil Procedure (for short “the CPC”).

3. It appears that the appellants herein were the original plaintiffs in the Special Civil Suit 41 of 2017 preferred before the Court of Principal Civil Judge, Kalol, wherein the plaintiffs had inter-alia prayed for declaration as regards land bearing Survey No. 776 Paiki, Survey No. 776/1 being Block No. 981 is of their ownership, more particularly received by the plaintiffs by way of inheritance, and a declaration against the defendants that they do not have any right, title or interest in the property in question is sought for and it is also prayed to set aside a registered sale deed, whereby the suit property had been sold by the defendant Nos. 1 to 13 in favour of the defendant Nos. 13 and 14. It appears that upon summons being issued to the defendants,

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