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2024 Supreme(Guj) 851

DEVAN M. DESAI
Soloman Harold Arnold – Appellant
Versus
Emanuel John Daniel – Respondent


Advocates Appeared:
For the Appellants : Mr. Mehul Shah, Sr. Counsel with Mr. Bhavesh B. Chokshi, Mr. Vijay O. Sharma.
For the Defendants : Mr. M.J. Parikh, Mr. Pareshkumar V. Thakor.

JUDGMENT :

1. Rule. Mr. Pareshkumar Thakore, learned advocate waives service of notice of rule for and on behalf of the respondents.

2. The present First Appeal is filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 (for short “Code”) challenging the judgement and order dated 19.2.2024 passed below Exh. 1, 28 and 29 in Civil Suit No. 1373 of 2023 by the learned Chamber Judge, City Civil Court, Ahmedabad.

3. On a joint request of learned advocates appearing for both the parties, the First Appeal is taken up for final hearing. The parties are referred as their original status of the suit.

4. Heard Mr. Mehul Shah, learned Senior Counsel appearing for Mr. Bhavesh Chokshi, learned advocate for the appellants and Mr. Pareshkumar Thakore, learned advocate for the respondents.

5. The brief facts leading to the present case are as under:-

5.1 Plaintiffs filed a suit for relief of declaration of title under adverse possession together with cancellation of registered sale deed and permanent injunction against the defendants for a property being Plot No. 11 bearing City Survey No. 2709 having Tenament No. 015199-19-0001-0001-E situated in District Sub-District Ahmedabad –

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