Bhailalbhai Punjabhai Prajapati ... vs Ramanbhai Mahijibhai Patel
2021 Latest Caselaw 16966 Guj

       C/FA/877/2019                              ORDER DATED: 27/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 877 of 2019

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     BHAILALBHAI PUNJABHAI PRAJAPATI SINCE DECD THROUGH LH
                             Versus
                   RAMANBHAI MAHIJIBHAI PATEL
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Appearance:
MR PARTHIV B SHAH(2678) for the Appellant(s) No. 1,1.1,1.2,1.3
DS AFF.NOT FILED (N)(11) for the Defendant(s) No. 7
MR. TIRTHRAJ PANDYA(6685) for the Defendant(s) No. 1
NOTICE SERVED BY DS(5) for the Defendant(s) No. 2,3,4,5,6,7.1,7.2,7.3,7.4
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 27/10/2021


                               ORAL ORDER

1. Heard learned advocate Mr. Parthiv B. Shah for appellant Nos.1, 1.1, 1.2 and 1.3 and learned advocate Mr. Tirthraj Pandya for respondent No.1.

2. Both the learned advocates have jointly submitted that the respondent No.1 has executed registered document in favour of the present appellant and hence, respondent No.1 is not having objection, if the judgment under challenge and decree drawn in favour of the respondent No.1 is modified in respect of the Survey Nos.59, 71 and 77 situated at Village - Manega, Taluka and District: Vadodara.

3. Learned advocate Mr. Shah submits that rest of the respondents are not necessary parties for the purpose of present

C/FA/877/2019 ORDER DATED: 27/10/2021

Appeal and therefore, by way of an affidavit, he would seek deletion of rest of the respondents.

4. Upon joint requests made by both the sides, stand over to 29.10.2021.

(NIRZAR S. DESAI,J) KUMAR ALOK