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2024 Supreme(Guj) 12

DEVAN M. DESAI
Yogini Shaileshbhai Bhuta – Appellant
Versus
Rrahulraj Realtor Pvt. Ltd. And Director Narendra Kantilal Shah – Respondent


Advocates Appeared:
For the Appellant : Mr. Rishabh D. Parikh, Mr. H.J. Karathiya.
For the Defendants : Mr. M.J. Mehta, Mr. Nandish H. Shah, Mr. Nirad D. Buch, Mr. Rasesh H. Parikh, Mr. Saurabh J. Mehta, Mr. Hemang H. Parikh, Mrs. Bhavini N. Buch.

JUDGMENT :

1. Heard learned senior counsel Mr.Devan Parikh with learned advocate Mr.H.J.Karathiya for the appellant, learned senior counsel Mr.Devang Nanavati with learned advocate Mr.Saurabh Mehta for respondent Nos.1,2,6 & 7 and learned advocate Mr.Rasesh Parikh for respondent Nos.3,4 & 5.

2. By way of the present First Appeal filed under Section 96 of the Code of Civil Procedure Code, 1908, the appellant has challenged the judgment and decree dated 31.01.2020 passed by the learned 6th Additional Senior Civil Judge, Surat in Special Civil Suit No.203 of 2017 below Exhibits 1, 50 and 51, whereby the learned Judge has dismissed the suit.

3. The brief facts, leading to the present First Appeal, are as under:-

3.1 The appellant – original plaintiff filed suit seeking possession, specific performance, as well as perpetual injunction, which came to be dismissed on 31.01.2020 for want of leading evidence on behalf of plaintiff.

3.2 While dismissing Exhibit 5 application, learned trial Court directed to produce documents within 3 months from the date of order. The said order came to be ch

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