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2024 Supreme(Online)(GUJ) 11892

HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE DEVAN M. DESAI
RAVINDRA MURLIDHAR BHAMBHARE – Appellant
Versus
CHAMPABEN WD/O AMBARAMBHAI – Respondent


ORAL ORDER

1. This appeal is arising out of the impugned judgment and decree dated 13.06.2023 passed by the learned Additional Senior Civil judge, Sanand, Ahmedabad (Rural) in Special Civil Suit No.20 of 2023, whereby the suit of the plaintiff- present appellant is dismissed by invoking the provisions of Order 7 Rule 11(a), (d) of the Code of Civil Procedure, 1908.

2. Upon request of learned advocate for the appellant, this appeal is taken up for final hearing.

3. The brief facts leading to filing of this case are as under:- 3.1. The respondent Nos.1 to 4 are the owners and in possession of agricultural land bearing Khata No.15, Block/Survey No.45 admeasuring about 01-92-23-Hectare Are Square Metres of village Mouje Rathel, Taluka Sanand District Ahmedabad. A registered agreement to sell was executed between the plaintiff-appellant and defendant Nos.1 to 4 i.e. present respondents Nos.1 to 4 for the suit land on 07.12.2015, which was registered at the Office of Sub- Registrar, Sanand vide Registration No.560/2016. Defendant No.5 stood as a confirming party in the said agreement to sell as he had paid some bana amount to the father of defendant Nos.1 to 4. Defendant Nos.1 to 4 appeared

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