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2025 Supreme(Guj) 1552

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K.VISHEN, MOOL CHAND TYAGI
Jadiben D/O Maganbhai Nathabhai Raval – Appellant
Versus
Lh Of Decd Somabhai Nathabhai Raval – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Mr Sikandar Saiyed With Mr Sv Shah And Mr Harsh M Surti
For the Respondent:Mr Mihir J Thakore, Senior Advocate With Mr Parthiv B Shah

JUDGMENT :

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. Captioned appeal is directed against the judgment dated 21.09.2024 (hereinafter referred to as "the impugned judgment") passed by the learned Principal Senior Civil Judge, Ahmedabad (Rural) in Special Civil Suit No. 345 of 2021 (hereinafter referred to as "the suit") whereby the application Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") filed by the defendant nos. 16 to 22 has been allowed, and the plaint came to be rejected. Hence, the present appeal. For the sake of convenience, the parties are referred to as per their status in the suit.

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2. Mr.Sikander Saiyed, learned Advocate appearing with Mr.S.V. Shah, learned Advocate for the plaintiffs, relying upon the family tree, submitted that the plaintiffs are from the branch of Maganbhai Nathabhai, the son of Nathabhai Jivaniya. Maganbhai Nathabhai had two brothers Somabhai Nathabhai and Bababhai Nathabhai. It is submitted that Maganbhai Nathabhai had five children including the plaintiffs. After the death of Maganbhai Nathabhai in the year 1970, vide entry no. 1281, names of his heirs, including the plaintiffs were posted an

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