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2024 Supreme(Guj) 532

SANDEEP N. BHATT
Haribhai Lalabhai Patel – Appellant
Versus
Narendra Chimanlal Trivedi – Respondent


Advocates Appeared:
For the Parties : Mr. Vijal P. Desai, Ms. Ishita V. Desai, Mr. Aaditya P. Dave.

ORDER :

1. The present appeal, under Section 100 of the Code of Civil Procedure, 1908 (for short ‘the CPC’), by the appellants – original defendants No.3 to 7, arises from the impugned judgment and decree dated 17.01.2023 passed by the learned Principal District Judge, Mahisagar at Lunawada in Regular Civil Appeal No.22 of 2019, confirming the judgment and decree dated 29.06.2019 passed by the learned Principal Senior Civil Judge, Lunawada in Regular Civil Suit No.14 of 2017, which is allowed.

2. The brief facts of the present case are as under :

2.1 Originally, the land being Survey No.103 situated at Mouje – Village Chatkabeli, Tal. & District : Lunawada (for short ‘the land in question’) was in the name of deceased Chimanlal Maganlal Trivedi. He has transferred the land in question to his one of the sons viz., Arunkumar Chimanlal Trivedi by way of a registered Will and entry to that effect has been mutated in the revenue record on 05.07.2004. There is no dispute about the same.

2.2 Said Arunkumar has sold the land in question to his two real brothers viz., Narendrakumar Chimanlal Trivedi and Anilkumar Chimanlal Trivedi by way of a registered sale deed No.1320 on 02.12.2005 for consi

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