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NIRZAR S. DESAI, NIRZAR S. DESAI
Zala Kalusinh Kodarsinh – Appellant
Versus
Patel Harshadbhai Valjibhai – Respondent


Advocates:
Counsel for the Parties:
For the Applicant No.1:Pritesh M Shah (8405), Advocate

ORDER (ORAL)

By way of this civil revision application, the applicant has prayed for quashing and setting aside the order dated 27.1.2023 passed in an application below Exh.33 in Special Civil Suit No.2 of 2021.

2. Heard learned advocate Mr. Pritesh Shah appearing for the applicant.

3. The present applicant is the original defendant in Special Civil Suit No.2 of 2021 preferred by one Patel Harshadbhai Valjibhai. The facts which would lead to the filing of present civil revision application are stated as under:—

4. The original plaintiff preferred a suit for specific performance and declaration against the present applicant stating that the present applicants are joint owners and occupiers of an agricultural land admeasuring 5-79-72 Hec-are-Sq.mtr situated at Survey No.377 at Mouje Talod, Taluka at Talod, District Sabarkantha. Out of the aforesaid land held by the present applicant a portion admeasuring 2-14-13 Hec-are-Sq.mtr was decided to be sold to the original plaintiffs by total lamb-sum compensation of Rs.52,22,000/-, for which a registered agreement to sale without possession was executed by the present applicants with the original plaintiffs (present defendants). The aforesaid

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