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2024 Supreme(Online)(GUJ) 18745

HIGH COURT OF GUJARAT
HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
DAUD VALIBHAI KAKAL – Appellant
Versus
KADAR DAUD KAKAL – Respondent


ORAL JUDGMENT

With the consent of learned advocates appearing for the respective parties, the matter is taken up for final disposal.

2. Issue rule, returnable forthwith. Mr Jainish P. Shah, learned advocate waives service of notice of rule on behalf of the respondent no.1. Though served, none appear for respondent nos.2 and 3.

3. Captioned Civil Revision Application, has been filed cshallenging the judgment and order dated 03.10.2019 passed by the 11th Additional Senior Civil Judge, Jamnagar in Regular Civil Suit No. 130 of 2019 whereby the application Exh. 13 seeking rejection of the plaint, has not been accepted.

4. Tersely stated are the facts:

4.1 The respondent no. 1 has instituted a Regular Civil Suit No. 130 of 2019 (hereinafter referred to as “the suit”) seeking declaration, cancellation of the gift deed and permanent injunction against the petitioners and the respondent nos. 2 and 3, that is, the authorities with respect to revenue survey no. 154/ paiki 3, new survey no. 355 admeasuring 8103 sq. mts. (hereinafter referred to as "the land in question"). Registered gift deed dated 24.07.2018 has been executed by the petitioner no. 1 in favour of the petitioner nos. 2 to 4 during

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