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GUJARAT HIGH COURT
ASHOKBHAI THAKORBHAI PARMAR – Appellant
Versus
BHAGUBHAI NARANBHAI PATEL – Respondent


ORAL JUDGMENT

1. This appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiffs who filed Regular Civil Suit No.134 of 1990 for permanent injunction.

2. Case of the plaintiffs is that the plaintiffs are sons of defendant No.6, named Thakorbhai Vallabhbhai Parmar, who died pending the proceedings before the lower Court. They are managing the joint Hindu family property situated at Mota Borsara, bearing Survey Nos.160, 233, 301 and 409. It is further case of the plaintiffs that the above-said lands came to the family of the plaintiffs from their ancestor Vallabhai Keshavbhai Parmar in partition in the year 1968 and revenue Entry No.589 to that effect was also made on 3.10.1968, which was certified on 12.11.1968. Plaintiffs have further averred that at the time of promulgation, Survey No.160 came to be numbered as Block No.122 and the plaintiffs have right, title and interest in the said Block No.122. Plaintifs have further averred that defendant No.6 has not been in a position to look after the joint family and he has been acting against interest of the family. It is further case of the plaintiffs that on getting copy of the revenue record i

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