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GUJARAT HIGH COURT
BABUBHAI KIKABHAI PATEL – Appellant
Versus
LAXMIBEN WD/O JERAMBHAI GANESHBHAI(DECD. CHILDLESS) – Respondent


ORAL JUDGMENT

1. Heard learned Advocate Mr. Utpal Panchal on behalf of the petitioner and learned Advocate Mr. S.P. Majmudar with learned Advocate Mr. Parv Gupta on behalf of the respondent No.2.

2. By way of this petition, the petitioner challenges an order passed by the learned 10th Additional Senior Civil Judge, Surat, dated 11.04.2022 below Exh. 158 in Special Civil Suit No. 593 of 2012, whereby the present respondent No.2 is joined as a party in the said civil suit.

3. Learned Advocate Mr. Panchal for the petitioner would submit that the original plaintiff was owner of a parcel of land bearing Revenue Survey No. 276 situated at village Hazira, District Surat, and whereas the present petitioner had purchased the said land from the original plaintiff vide a registered sale deed dated 03.02.1999. Learned Advocate would submit that 13 years after the said sale, the original land owner had filed a civil suit being Special Civil Suit No. 593 of 2012, whereby the registered sale deed was sought to be cancelled. It is submitted by the learned Advocate that during pendency of the said suit, the original plaintiff had expired on 01.10.2021 and whereas according to the learned Advocate, the

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