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2024 Supreme(Online)(GUJ) 25472

HIGH COURT OF GUJARAT
SANDEEP N. BHATT, J
LEGAL HEIRS OF NAVALKANT GOVINDLAL PATEL – Appellant
Versus
DIVYAKANT GOVINDLAL – Respondent


Advocates:
MR JF MEHTA(461) for the Appellant(s) No. 1,1.1 MR MI MERCHANT(479) for the Defendant(s) No. 4,6,7,9

ORAL JUDGMENT

1. This appeal is filed by the appellant-original plaintiff being aggrieved and dissatisfied with the order dated 6.3.2024 passed below Exhs.20 and 21 in Civil Suit No.143 of 2021, whereby the application preferred by defendant no.6 under Order VII Rule 11(A)(C) read with Section 151 of the Civil Procedure Code was allowed and the plaint of the appellant-plaintiff is rejected.

2. The brief facts leading to filing of this appeal are such that the appellant-plaintiff filed the Civil Suit No.143 of 2021 in City Civil Court at Ahmedabad against the defendants for cancellation of sale deed executed by them in favour of Hetal Park Tenement Association through their power of attorney Sudhaben Govindbhai Patel for the property situated at Survey No.561 Mouje Sim Isanpur, Ta.Maninagar, Dist.Sub-district Ahmedabad admeasuring 8107 sq.yards.

3. The original defendant no.6 filed application under Order VII Rule 11(A)(C)(D) read with Section 151 of the Civil Procedure Code praying for rejection of the plaint on the grounds stated in the application.

4. The learned Civil Civil Court allowed the said application and rejected the plaint of the appellant-plaintiff by way of the impugned o




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