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C.L.SONI
Velbai – Appellant
Versus
Natha Harji Halai – Respondent


Advocates:
Counsel for the Parties:
Dakshesh Mehta, Advocate, Rushang D Mehta, Advocate, H.S. Munshaw, Advocate, Mehulsharad Shah, Advocate, Vishal K Sevak, Advocate, Karuna V Rahevar, Advocate

JUDGMENT

C.L. Soni, J.—The appeal is filed under Order XLIII of the Civil Procedure Code, 1908 (“the CPC”) against the order dated 04.11.2011 passed by learned 4th Additional Senior Civil Judge, Bhuj (Kutch) below application Exh.5 in Special Civil Suit No.111 of 2011.

2. The appellant is the original plaintiff and the respondents are the original defendants in above suit. They shall be referred as per their original status in the suit. The plaintiff is the daughter of defendant No.1 and the sister of defendant No.2 to 4. The defendants No. 5 to 9 are the first purchasers of the suit lands and the defendant No.10 to 12 are the second purchasers of the suit lands.

3. In the above suit, the plaintiff has prayed to declare that the sale deed dated 17.04.2010 executed by the defendant no.1 in favour of defendant no.5 to 9 is invalid, as it is false and bogus and the defendant no.1 has no right or authority to sell the suit lands belonging to joint Hindu family; to declare that the sale deed dated 12.01.2011 executed by the defendant no. 5 to 9 in favour of defendant no.10 to 12 is invalid, as it is also false; to grant permanent injunction restraining the defendant Nos.10 to 12 from selli





































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