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SA/209/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 209 of 2010
=========================================================
KRUNALBHAI
A DESAI & 4 - Appellant(s)
Versus
KAILASHBEN
MUKESHBHAI PATEL & 1 - Defendant(s)
=========================================================
Appearance
:
MR
KV SHELAT for
Appellant(s) : 1 - 5.
None for Defendant(s) : 1 - 2, 2.2.1, 2.2.2,
2.2.3, 2.2.4,2.2.5
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 08/10/2010
ORAL
ORDER
1. Heard
learned advocate Mr. Shelat for the appellants and learned advocate
Mr. Prasad N. Bhatt for the respondents.
2. It
is stated that respondent Nos.2/1 to 2/4 have also filed second
appeal being Second Appeal No.184 of 2009 and the same has been
admitted by order dated 12.7.2010.
3. This
second appeal is admitted on the following substantial
questions of law:-
A. Whether
in the facts and circumstances of the case, the first appellate Court
committed error in passing decree in favour of the plaintiff in
absence of challenge of registered sale deed executed in favour of
the present appellants?
B. Whether
in the facts and circumstances of the case, the decree passed by the
first appellate Court with regard to survey No.928/1 is binding to
the appellants, as they were not the parties to the proceedings?
(BANKIM.N.MEHTA,
J.)
shekhar/-
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