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2021 Supreme(Online)(Guj) 7800

HIGH COURT OF GUJARAT
B.N. KARIA, J
TAKHATSINH CHANDRASINH GOHIL – Appellant
Versus
PRABHATBEN HATHISINH GOHIL – Respondent


Advocates:
For the Appellants/Petitioners: MR APURVA R KAPADIA
For the Respondents: JAYDEEPSINH H RAJPUT, MR DHARMESH V SHAH

ORDER

1. By preferring this petition, petitioner, who is the original defendant No.3, has challenged the order dated 25.9.2019 passed below application Exh. 77 in Regular Civil Suit No. 13 of 2009 .

2. The short facts leading to the present case are as under:-

2.1 The original plaintiff filed Regular Civil Suit No. 127 of 2011, which was renumbered as Regular Civil Suit No. 13 of 2019 before the Court of learned Principal Senior Civil Judge, Rajpipla inter alia praying to restrain the defendant No.3 from interfering with the possession of the plaintiff of the joint ownership of Survey No. 157/A and 157/B admeasuring 0-07- 00 sq. mtrs. and 0-62-00 sq. mtrs. situated at Village Velchandi, Tal. Nandod. It was further prayed to declare that all the heirs of the deceased Hathisinh Kalubava Gohil have equal right over the property in question. One more suit i.e. RCS No. 82 of 2014 was filed by the petitioner before the Principal Civil Judge, Rajpipla against the defendants praying that the defendants be restrained from interfering with the possession of the petitioner - plaintiff from Survey No. 158 of Village Velchandi, Taluka Nandod and also sought damage



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