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1993 Supreme(Guj) 194

S.D.SHAH
KAMALABEN NAGINBHAI PATEL – Appellant
Versus
BULCHAND narumal – Respondent


Advocates Appeared: K.G.VAKHARIA, M.S.SHAH, S.D.PATEL

SHAH, J.

( 1 ) THIS revision application is directed against the judgment and order of Extra Assistant Judge, Vadodara in Civil Misc. Appeal No. 292 of 1992 dated 2-2-1993 whereby he has allowed the appeal preferred by present respondents (opponents) and has quashed and set aside the order passed by the trial Court below Exh. 5 in Reg. C. S. No. 1656 of 1992.

( 2 ) IT appears that the petitioners-plaintiffs are the owners of property bearing City S. No. 461/2, Tikka No. 8/4 of Division "c" situated at sayajiganj, Baroda. In the said property there is one old building known as "rajwadi BUNGALOW" with number of rooms therein. There is open land around said bungalow. On the Southern side of said bungalow there is open land of the measurement of 64 Ft/157 Ft. and towards further south there is public road known as "m. S. Patel Road". Towards South the length of open land is 157 Ft. and width of open plot towards West is 64 Ft. while towards Eastern side it is lesser than 64 Ft. On the Western side of said building there is open space and there are two Gates which open on Kadak Bazar road. It is not disputed before this Court that the petitioners-plaintiffs are the owners of the building














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