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A.J.SHASTRI
Babubhai Mohamed Shekh – Appellant
Versus
Iqbal Husain Shekh – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Mr. Rushabh R. Shah, Advocate
For the Respondents: Mr. N.R. Desai and Mr. S.P. Majmudar, Adovates

JUDGMENT

A.J. Shastri, J.—Rule. Mr. S.P. Majmudar, learned advocate waives service of rule on behalf of the contesting respondents.

2. The present Civil Revision Application under Section 115 of the Code of Civil Procedure is filed against an order dated 15.09.2017 passed by the learned Additional Civil Judge, Kathor (Surat) in Civil Misc. Application No.2 of 2015.

3. The background facts of the present case are that a suit land, bearing Revenue Survey No.216 and Block No.200 admeasuring 2.56.86 sq. mtr. was originally owned and was running in the name of one Mr. Musa Asraf Rim and subsequent to his death on 13.05.1977, on account of mutation and partition, this property came in the hands of 7 legal heirs and a portion which is held by the legal heirs is reproduced in internal page 4 of the petition compilation.

3.1. It is the case of the applicants that No.1 Sarabibi, Wd/o Musa Asraf Rim & Hussai Asraf himself, out of land admeasuring 2-56-86 sq. mtr. sold their undivided portion of land admeasuring 1-00-84 sq. mtr. to applicant Nos. 2 and 3 namely Ms. Nazmabibi Babubhai Shekh & Hanbibabbibi Javidbhai Shekh respectively vide registered sale deed dated 19.05.2005, bearing registration

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