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SCA/792/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 792 of 2010
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ASHISHBHAI
GOVINDBHAI CHHATRALA - Petitioner(s)
Versus
SHANTILAL
PARSHOTTAMBHAI ADODARIYA & 1 - Respondent(s)
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Appearance :
MR
ANSHIN H DESAI for Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 01/02/2010
ORAL
ORDER
The
learned counsel for the petitioner has moved a draft amendment to
bring on record events, subsequent to the filing of the petition. The
said draft amendment is allowed and may be carried out, on or before
the next date of hearing.
Heard
Mr.Anshin H.Desai,learned counsel for the petitioner. It is submitted
by him that the land in question has been purchased by the petitioner
from respondent No.1 by way of a registered Sale Deed dated 2-5-2009.
It is emphasised by the learned counsel for the petitioner that the
respondent No.1 is the sole owner of the land in question, as is
evident from the Sale Deed, a copy of which is annexed as Annexure
C to the petition and further, this property has come to the
respondent No.1 in the family partition, as is evident from the
Village Form No.VI dated 5-5-2006. It is contended by the learned
counsel for the petitioner that the impugned order has been passed
without taking into consideration the above mentioned documents and
without considering that the respondent No.2 is neither a proper nor
a necessary party to the Suit.
Issue
notice for final disposal of the petition,returnable on 24-2-2010.
(Smt.Abhilasha Kumari,J)
arg
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