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Ravjibhai vs Rameshbhai on 14 July, 2008

Gujarat High Court
Ravjibhai vs Rameshbhai on 14 July, 2008
Author: Ks Jhaveri,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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SA/7/2008	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SECOND
APPEAL No. 7 of 2008
 

 
 
=========================================================

 

RAVJIBHAI
JIVABHAI PATEL - Appellant(s)
 

Versus
 

RAMESHBHAI
MAHIJIBHAI PATEL & 3 - Defendant(s)
 

=========================================================
 
Appearance
: 
MR
RAJESH K SHAH for
Appellant(s) : 1, 
MR MA PAREKH for Defendant(s) : 1,3 - 4. 
NOTICE
SERVED for Defendant(s) : 2, 
None for Defendant(s) : 2.2.1, 2.2.2,
2.2.3,2.2.4
 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE KS JHAVERI
		
	

 

Date
: 14/07/2008 

 

ORAL
ORDER

ADMIT.

The
following substantial questions of law arise for consideration:

1. Whether
the suit filed by the original plaintiff and respondent no.1 herein
is barred by Section 5 of the Limitation Act in view of Exh.147 which
is a registered document dated 3-4-1975.

2. Whether
the judgment and decree passed by the learned appellate Judge in
Regular Civil Appeal No.342 of 2006 (old Regular Civil Appeal No.119
of 2000) below Exh.42 and 43 is against the provisions of Section 54
of the Transfer of Property Act in view of the registered sale deed
dated 3-4-1975 below Exh.147 before the learned trial Court.

3. Whether
the learned appellate Judge has misconceived and misinterpreted the
evidence adduced and proved before the learned trial Judge below
Exh.119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 143 and 147,
under the provisions of the Evidence Act?

(K.S.Jhaveri,
J.)

/malek

   

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