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2024 Supreme(Guj) 475

SANDEEP N. BHATT
Fakirbhai Bhekabhai Patel – Appellant
Versus
Dhirubhai Gulabbhai Solanki – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vijay H. Nangesh.
For the Respondent: Salil M. Thakore.

ORDER :

1. The present Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908, by being aggrieved and dissatisfied with the order dated 20.08.2015 passed by the learned Principal Civil Judge, Chikhli in Regular Civil Suit No. 74 of 2014 and the same came to be confirmed vide order dated 29.07.2019 passed by learned 2nd (Ad-hoc) Additional District Judge, Navsari in Regular Civil Appeal No. 47 of 2015.

2. Brief facts of the case are as under:

    2.1 The property in question is land bearing Survev No. 1087 of Village Aachhavani, Taluka Khergam, District Navsari is hereinafter referred as “suit property.” The total land of the Block No. 1087 is H 06-92-25 Sq. Mtr. out of the H-01-19-04 was agreed to sell by the owner late Natwarsinh Gulabsinh Solanki to the plaintiff appellant on 16-01-1985 and sale consideration was decided in tune of Rs. 12,701/- the agreement to sale was done on 16-01-1985 in presence of the witnesses and owner Natwarsinh Gulabsinh Solanki, sale consideration was paid entirely on the same day and possession of the suit property was handed over to the appellant herein. In the agreement to sale no time was fixed for the execution of the sale deed and

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