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2023 Supreme(Guj) 1325

NIRZAR S. DESAI
Bipinchandra Alias Vasantrai Balvantrai Desai – Appellant
Versus
Girishbhai Jaydevbhai Kazi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mayank K Trivedi, Mr Kk Trivedi
For the Respondent: Mr. Jay Trivedi, Agp, Mr Mehul H Rathod

Table of Content
1. hearing details and party relationships. (Para 1 , 2 , 3)
2. background facts surrounding the petition. (Para 4 , 5)
3. arguments presented by the petitioner. (Para 6)
4. opposition from the society regarding petition. (Para 7)
5. court's analysis and observations. (Para 8 , 9)
6. decision to quash previous order and restore title. (Para 10 , 11)
7. clarification on petitioner's title rights. (Para 12 , 13)

JUDGMENT :

Nirzar S. Desai, J.

1. Heard learned advocate Mr. Trivedi appearing for the petitioner, leaned advocate Mr. Abhimanyu Rathod appearing for the respondent no. 1 and learned AGP Mr. Jay Trivedi appearing for the respondents no. 3 to 7.

2. The respondent no. 2 happens to be the real brother of the petitioner as submitted by learned advocate Mr. Trivedi who has already relinquished his right by way of a partition in favour of the present petitioner and therefore, he is only a formal party.

3. With the consent of learned advocates appearing for the parties, the matter was taken up for final hearing. Hence, RULE. Learned APP waives service of notice of rule for and on behalf of the respondent – State.

4. By way of this petition, the petitioner has challenged the orde

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