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2023 Supreme(Guj) 902

ASHUTOSH SHASTRI, DIVYESH A. JOSHI
Jeeviben Wd/o Peerbhai Jamalbhai – Appellant
Versus
Safal Goyal Realty LLP – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Raj A. Trivedi, Viral K. Shah.
For the Respondents: Dhara P. Bhatt, Maulik R. Shah, Kamal Trivedi, Parth H. Bhatt, Vinay B. Vishen.

ORDER :

1. By way of present appeal under Section 96 of the Civil Procedure Code, 1908 (for short “C.P.C.) the appellant-original plaintiff has challenged the judgment and decree dated 23.12.2019 passed by the learned Additional Senior Civil Judge, Sanand in Special Civil Suit No. 13 of 2018 (Old Special Civil Suit No. 473 of 2016) by virtue of which the suit came to be rejected in exercise of jurisdiction under Order 7 Rule 11(d) of the C.P.C.

2. The appellant-original plaintiff has brought the suit being Special Civil Suit No. 473 of 2016 as indicated above for the purpose of seeking declaration and permanent injunction as also for quashing and setting aside the documents which are stated in the plaint. The case of the appellant-plaintiff was that an entry in respect of the suit land bearing Old Survey No. 197/2, Block No. 240 came to be mutated in the revenue record on 11.04.1977 vide Entry No. 715 whereby his name has been mutated at Serial No. 225 for the period between 1977-78 and 1978-79. However, by declaring the appellant as dead person, the deceased son of the appellant, namely, Hussen, at the relevant point of time, declared before the Gram Panchayat that plaintiff is miss

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