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2023 Supreme(Guj) 1006

SANGEETA K. VISHEN
Jaman Shamji Fadadu – Appellant
Versus
Sadik Mahmad Sidik – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Aadit R. Sanjanwala.
For the Respondent: Jenil M. Shah.

JUDGMENT :

SANGEETA K. VISHEN, J.

1. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final disposal.

2. Issue Rule, returnable forthwith. Mr. Jenil M. Shah, learned advocate waives service of notice of Rule on behalf of respondent no. 1. Though served, nobody has entered appearance for rest of the respondents.

3. The captioned Civil Revision Application has been filed challenging the order dated 25.4.2018 passed below Exh.11 in Regular Civil Suit no. 325 of 2013 with a further prayer to allow the application, Exh.11 praying for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”).

4. Tersely stated are the facts, emerging from the record of the captioned application.

4.1. Issue, in the present proceeding, revolves around survey no. 1130. Promulgation entry no. 447 was posted on 6.2.1953 in the revenue record with respect to survey nos.1129/2, 1130 and 1144/1 wherein, owing to the death of the Musa Pira, names of two sons, namely, Isaa Musa and Siddi Musa were to be shown; however, both of them having passed away, names of Abdulla Siddi and Ishaa Siddi, i.e. t

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