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2024 Supreme(Guj) 602

VAIBHAVI D. NANAVATI
Vijaybhai Martinbhai Christian – Appellant
Versus
Helinaben D/o Khodabhai Surabhai And W/o Wilsanbhai Thakor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. MRUGEN K. PUROHIT for MR APURVA R KAPADIA
For the Respondent: MR VISHAL C MEHTA, MR. MIHIR THAKORE, Senior counsel assisted by MS MITA S PANCHAL

ORDER :

[1] Issue RULE, returnable forthwith. Ms. Mita S. Panchal, learned advocate waives service of Rule for and on behalf of the respondents/opponents.

[2] Heard Mr. Mrugen K. Purohit, learned advocate for the applicants and Mr. Mihir Thakore, learned Senior counsel assisted by Ms. Mita S. Panchal, learned advocate appearing for the opponents herein – original plaintiffs.

[3] By way of the present Civil Revision Application, under Section 115 of the Code of Civil Procedure, 1908 (for short ‘the Code’), the applicants – original defendants have approached this Court, being aggrieved and dissatisfied by the impugned order dated 03.12.2018 passed below application filed under Order 7 Rule 11(d) of ‘the Code’ below Exhibit-80, passed by the learned 3rd Additional Senior Civil Judge, Ahmedabad (Rural), Mirzapur in Regular Civil Suit No.161 of 2008, whereby, the said application was rejected.

[4] The brief facts leading to filing of the present Civil Revision Application read thus:

[4.1] It is the case of the applicants that the land in question having Survey/Block No.73 of Mouje- Kamod & Survey/Block Nos.138, 401, 406 and 408 of Mouje – Bakrol, Taluka – Daskroi, District – Ahmedabad, was

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