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ASHUTOSH SHASTRI, HEMANT M. PRACHCHHAK
Divyeshbhai Mahendrabhai Patel – Appellant
Versus
Vijaybhai Odhabhai Lalu – Respondent


Counsel for the Parties:
For the Appellant Nos.1 and 2:Ms. Kruti M Shah (2428), Advocate
For the Defendant No.2:Ms. Kruti M Shah (2428), Advocate
For the Defendant No.1:Mr. Meet D Kakadia (11896) and Mr. SP Majmudar (3456), Advocates

JUDGMENT (ORAL)

Hemant M. Prachchhak, J.—The appellants – original plaintiffs have filed the present appeal under Section 96 of the Code of Civil Procedure, 1908 (‘the Code’ hereinafter) challenging the impugned order dated 21.07.2023 passed below application Exhibit 18 in Special Civil Suit No.19 of 2021 by the learned 2nd Additional Senior Civil Judge, Navsari and the order dated 21.07.2023 passed below Exhibit 1 and decree dated 21.07.2023 drawn in Special Civil Suit No.19 of 2021.

2. Brief facts leading to the present appeals are as follow:

2.1 The appellants herein have filed Special Civil Suit No.19 of 2021 in the Court of Principal Civil Judge, Navsari against the present respondents for cancellation of sale deed, declaration and permanent injunction.

2.2 That the lands bearing Block No.329p1, old tenure agricultural land, admeasuring Hector 5-13-95 square meters situated at village: Ambada, Taluka District Navsari was of the original ownership of Ranchhodbhai Govanbhai Patel and after his death on 15.12.1976, the names of his legal heirs and representatives i.e. Ramiben

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