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HIGH COURT OF GUJARAT
MR. JUSTICE BIREN VAISHNAV, MS. JUSTICE NISHA M. THAKORE, JJ
PRAGNESH NARENDRA TALEKAR – Appellant
Versus
VASANTRAV PARSHOTTAM TALEKAR (DECEASED) – Respondent
| Table of Content |
|---|
| 1. plaintiff challenges will and sale deed (Para 1) |
| 2. details of property and transactions (Para 3) |
| 3. suit filed and application for injunction (Para 4) |
| 4. trial court's findings on limitation (Para 5 , 10 , 11 , 12 , 13) |
| 5. appellant's submissions on limitation (Para 6 , 7 , 8 , 9) |
| 6. respondents' objections to the appeal (Para 14) |
| 7. court's ruling on limitation (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 8. appeal dismissed (Para 33) |
CAV JUDGMENT
(PER : HONOURABLE MS. JUSTICE NISHA M. THAKORE)
1. This appeal is filed at the instance of the original plaintiff – appellant herein, challenging the judgment and order dated 28.12.2016 passed by the learned Additional Civil Judge, Vapi, in Special Civil Suit No.109 of 2014 (New No.330 of 2015), whereby the learned Judge has allowed the application preferred by the original defendants at Exhibit 10, under Order VII Rule 11(d) of the Code of Civil Procedure thereby rejecting the plaint on the ground of limitation.
2. The facts in nutshell as transpired on record from the plaint, are summarized as under:
2.1 Various parcels of lands were running in the name of forefathers of the app
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