Nanjibhai Gendalbhai Damor vs Lh Of Shankarabhai Jagjibhai ...
2021 Latest Caselaw 17121 Guj

     C/SA/231/2021                                    ORDER DATED: 29/10/2021




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SECOND APPEAL NO. 231 of 2021
                                 With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                  In
                R/SECOND APPEAL NO. 231 of 2021
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                 NANJIBHAI GENDALBHAI DAMOR
                                Versus
            LH OF SHANKARABHAI JAGJIBHAI DAMOR
=====================================================
Appearance:
MR VA MANSURI(2880) for the Appellant(s) No.
1,10,11,12,13,14,2,3,4,5,6,7,8,9
 for the Respondent(s) No. 1,1.1,1.10,1.2,1.3,1.4,1.5,1.6,1.7,1.8,1.9
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                               Date : 29/10/2021

                                 ORAL ORDER

Heard Mr. M.T.M. Hakim, the learned counsel for Mr. V.A. Mansuri, the learned counsel appearing for the appellants/ applicants.

ORDER IN SECOND APPEAL:

1. The following substantial questions of law arise in this Appeal for consideration of this Court:

"1. Whether the Court below was right in coming to a conclusion that the oral agreement arrived at between the family members was required to be registered under Section 17 of the Registration Act, in view of the judgment

C/SA/231/2021 ORDER DATED: 29/10/2021

reported in (2016) 8 SCC 705?

2. Whether the appellants - defendants have proved that the disputed properties were distributed between the parties in two equal share before 60-70 years as per depositions of Exh.86, 92 and 96?

3. Whether the appellants-defendants have proved that the suit is barred by limitation?"

2. Appeal is Admitted.

ORDER IN CIVIL APPLICATION:

Issue Notice returnable on 10.12.2021.

(VAIBHAVI D. NANAVATI,J) Pradhyuman