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GUJARAT HIGH COURT
N.V.ANJARIA, J
SHUKLA HASMUKHBHAI PUNJIRAM – Appellant
Versus
JOSHI CHUNILAL LALLUBHAI DECD.THR'HEIRS – Respondent


Advocates:
For the Appellants/Petitioners: MR AY KOGJE
For the Respondents: MR ANAL S SHAH, MR JINESH H KAPADIA, MR. VIJAY O SHARMA

JUDGEMENT

Present Appeal under Section 100 of the Code of Civil Procedure , 1908 seeks to challenge judgment and decree dated 30th September, 2005 passed by learned Presiding Officer, Fast Track Court No.6, Gandhinagar. The said first appellate court thereby allowed Regular Civil Appeal No.62 of 2014 and set aside judgment and order of the trial court which had dismissed the suit of the plaintiffs-the respondents herein.

2. The suit was for redemption of mortgage of suit properties, which, as noted above, came to be dismissed by the trial court and decreed by the first appellate court. The appellants herein are the aggrieved original defendants.

3. Stating the relevant facts, it was the case of the original plaintiffs in Regular Civil Suit No.205 of 1985 instituted before the Civil Judge (J.D.), Kalol, inter alia that the suit property being land survey No.790, Block No.941 admeasuring Hector 0- 97-70, situated at Village Isand, Taluka Kalol was owned and possessed by one Trikamlal Kalidas, father of plaintiff Nos.2 and 3. Plaintiff No.1 was a person in whose favour right to redeem the property was sold by plaintiff Nos.2 and 3 as per the case stated i

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