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