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2023 Supreme(Guj) 1236

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MR. JUSTICE J. C. DOSHI, J
Ravechi Enterprise – Appellant
Versus
Bharatbhai Ramubhai Bharwad – Respondent


Advocates:
Appearance:
MR PUSHPADATTA VYAS(1296) for the Petitioner(s) No. 1 for the Respondent(s) No. 5.1,5.2,5.3 DECEASED LITIGANT for the Respondent(s) No. 5 MR RISHABH D PARIKH(10587) for the Respondent(s) No. 3,4 MR JAMSED KAVINA FOR MR SP MAJMUDAR(3456) for the Respondent(s) No. 1,2,6 MR. HJ KARATHIYA(7012) for the Respondent(s) No. 1,2,6 NOTICE SERVED BY DS for the Respondent(s) No. 7

Table of Content
1. petitioner claims ownership of na land (Para 2 , 3 , 4)
2. petitioner argues against third party's joinder (Para 5)
3. respondent argues for necessity of third party (Para 6)
4. court discusses order i rule 10 (Para 7 , 8)
5. court emphasizes dominus litis principle (Para 9 , 10 , 11 , 12 , 13)
6. court quashes lower court's order (Para 14)

ORAL JUDGMENT

Order dated 28/01/2016 passed below Exhibit-38 in Regular Civil Suit No.14 of 2015 by the learned Principal Senior Civil Judge, Ankleshwar is sought to be challenged in the present petition whereby the application filed by the defendant at Exh.38 came to be allowed and proposed defendant therein is ordered to be joined as defendant No.7 in the suit.

2. The facts of the case in nutshell are that petitioner–org. plaintiff claims that he has become owner of the NA land bearing Survey/Block No.71 Paiki ad-measuring 5935 square meters of Village Kosamdi, Tal. Ankleshwar by purchasing it from its erstwhile owner who arraigned as respondent nos.3 to 6 through their power of attorney, by way of registered sale-deed dated 09/12/2010 bearing registered sale-deed no.9576. It is further the case of the petitioner that since they hav

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