C/SCA/13357/2021 ORDER DATED: 22/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13357 of 2021
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CHHOTANBIBI D/O BAVAMIYA KAMALODDIN SAIYED W/O
GULAMHUSSAIN BADAMIYA SAIYED
Versus
HEIRS OF DECD. JAHANGIRMIYA BAVAMIYA SAIYED
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Appearance:
MR TUSHARKUMAR R UPADHYAY(9812) for the Petitioner(s) No. 1,2
MS NAYNABEN K GADHVI(2907) for the Petitioner(s) No. 1,2
MS SNEHA A JOSHI(2156) for the Petitioner(s) No. 1,2
for the Respondent(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,2,2.1,2.2,2.3,2.4,2.5,2.6,2.7,2.8,3,4,5
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 22/09/2021
ORAL ORDER
1. By preferring this petition, the petitioners have challenged the judgment and order dated 28.06.2021 passed below Exh.24 in Civil Misc. Appeal (MCA) No.39 of 2019 by the 5th Additional District Judge, Anand and the order dated 12.09.2019 passed below Exh.5 in Regular Civil Suit No.166 of 2015.
2. Heard learned advocate for the petitioners.
3. It is submitted by learned advocate for the petitioners that the Courts-below have not considered the FSL Report of thumb impression expert placed below Exh.41 in the Regular Page 1 of 2 Downloaded on : Sun Oct 10 12:26:36 IST 2021 C/SCA/13357/2021 ORDER DATED: 22/09/2021 Civil Suit from which it was established that the thumb impression in sale deed dated 18.10.1996 was not of the present petitioners, but somebody else's and the same supports the contentions raised by the petitioners. It is further submitted that the same contentions of the report are already admitted by the opponent side also and the Courts-below have, without applying the mind, dealt the same in a similar manner and that too without assigning any reasons.
4. Notice, returnable on 20.10.2021.
(B.N. KARIA, J) rakesh/ Page 2 of 2 Downloaded on : Sun Oct 10 12:26:36 IST 2021