Chhotanbibi D/O Bavamiya ... vs Heirs Of Decd. Jahangirmiya ...
2021 Latest Caselaw 14827 Guj

     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

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/