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AO/319/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 319 of 2008
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SHANTABEN
PUNABHAI PATEL - Appellant(s)
Versus
RASIKBHAI
RAMJIBHAI VISAVELIYA - Respondent(s)
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Appearance :
MR
HARNISH V DARJI for Appellant(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/10/2008
ORAL
ORDER
1. Mr.Harnish
Darji, learned Advocate appearing for the appellant-original
defendant has submitted that the appellant is owner of land bearing
Survey Nos.687-P/1, 687-P/2, 687-P/3 and 687-P/4 total ad-measuring
10 Acres and 16 Guntas i.e. 26 Vighas of land and she is in exclusive
possession of the aforesaid land. He has submitted that on the basis
of the measurement by DILR, the appellant will execute sale deed in
favour of the respondent herein ? original plaintiff with respect
to aforesaid Survey Numbers and hand over peaceful and vacant
possession of the aforesaid land bearing Survey Nos.687-P/1, 687-P/2,
687-P/3 and 687-P/4. Mr.Darji, learned Advocate for the appellant has
submitted that necessary Undertaking to that effect will be filed
before this Court on or before 23rd October, 2008.
2. Mr.Purohit,
learned Advocate appearing for the respondent – original plaintiff
has submitted that in view of above and if the defendant is to hand
over peaceful and vacant possession of the aforesaid land bearing
Survey Numbers ad-measuring 26 Vighas of land, in that case, the
original plaintiff will pay entire sale consideration within a period
of one month and get the sale deed executed in his favour. Stand over
to 23rd October, 2008 so as to enable the appellant to
file necessary Undertaking as stated herein above. To be placed in
First Board. After the aforesaid is considered, entire Suit will be
disposed of.
[M.R.Shah,J.]
satish
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