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2022 Supreme(Guj) 1833

GITA GOPI
Bhupendra Shantilal Shah – Appellant
Versus
Fanny Rustomji Contractor – Respondent


Advocates Appeared:
For the Appellant : Mr. Salil M. Thakore.
For the Defendants : Mr. Percy Kavina, Sr. Adv. with Mr. A.B. Munshi.

JUDGMENT :

1. The appellants are defendant Nos.2 & 3 of Special Civil Suit No.823 of 2011 filed before the 12th Additional Senior Civil Judge, Vadodara with a plea that they are the bona fide purchasers of the suit property for valuable consideration and are lawful owners

2. The present respondent No.1 had filed the suit claiming ownership of the disputed property against five defendants. The learned trial Court Judge was pleased to allow the suit on 03.05.2019 granting the relief prayed by the plaintiff declaring the sale deed dated 01.06.2010, in favour of the defendant Nos.2 & 3, present appellant, as illegal and therefore, declared it as void. Further the defendants were ordered not to execute any document of sale, mortgage or gift with defendant Nos.2 & 3 or with their agents or representatives, and further restrained from transferring or assigning the suit land or to create any third party interest or to create any hindrance in the possession and occupation of the suit property of the plaintiff.

3. The appellants as defendant Nos.2 & 3 of the suit have challenged the decree and judgment and have contended that respondent No.1, as plaintiff, ought to have sought further relief o

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