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2025 Supreme(Guj) 1715

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K.VISHEN, NIRAL R.MEHTA
Lh Of Decd Shashikant Ganpatbhai Patel – Appellant
Versus
Krunal Bharatbhai Patel – Respondent


Advocates Appeared:
For the Appellant : Deceased Litigant Through Legal Heirs/Representatives, Mr Kunjal D Pandya
For the Respondent: Served By Affix(N), Mr Adil Mirza With Mr Sumit K Prajapati

Table of Content
1. case initiated for property declaration and injunction. (Para 2)
2. arguments challenging trial court's judgment. (Para 4)
3. defendant arguments supporting the judgment. (Para 5)
4. court's analysis of legal documents and witness credibility. (Para 6 , 17)
5. appeal dismissed, reaffirming trial court's decision. (Para 18 , 19)

JUDGMENT :

NIRAL R. MEHTA, J.

1. Present First Appeal under Section 96 of the Code of Civil Procedure, 1908 (for short ‘the Code’), at the instance of appellants, original plaintiffs, is directed against the judgment and decree dated 30.8.2018 passed by the learned Principal Senior Civil Judge, Ankleshwar, whereby the suit for declaration, permanent injunction and cancellation of the sale deed filed by the original plaintiff was dismissed with costs.

2. The brief facts of the case can be stated as under :

2.1 Shri Shashikant Ganpatbhai Patel, the original plaintiff instituted Special Civil Suit No.93 of 2013 and during the pendency of the said suit, he died and, therefore, the appellant Nos.1.1 and 1.2 being his heirs, were brought on record. The suit was for declaration, permanent injunction and cancellation of the sale deed on the ground that t

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