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2003 Supreme(Guj) 8

DEV KANT TRIVEDI, K.M.MEHTA
EXECUTIVE ENGINEER – Appellant
Versus
ZUBEDABAI IBRAHIM – Respondent


Advocates Appeared: M.C.THAKKAR, V.T.ACHARYA

K. M. MEHTA, J.

( 1 ) THE Executive Engineer, Jamnagar Division, Gujarat Electricity Board has filed this appeal under Section 96 of the Civil Procedure Code against the judgement and decree dated 2. 4. 1984 passed by IInd Joint Civil Judge (SD) Jamnagar in special Civil Suit No. 57 of 1980. The learned Judge has partly decreed the suit of the plaintiff with proportionate cost. As per decree, the plaintiff was entitled to recover a sum of Rs. 1,32,800/ (Rs. One Lac thirty two thousand eight hundred only) from the defendant G. E. B. by way of compensation with running interest at the rate of 6% p. a. from the date of suit till realisation.

( 2 ) THE facts giving rise to this appeal are as under:- 2. 1 smt. Subedabai Ibrahim Plaintiff no. 1 is the widow of deceased Ibrahim Haji and plaintiff Nos. 2 to 7 are the legal heirs of deceased Ibrahim Haji. The defendant is the principal officer of the Gujarat Electricity Board, (hereinafter referred as "geb" ) Jamnagar and GEB is carrying on the business of supplying electricity in the State and for that purpose, they install electric poles and on this poles, they install electric live wires. 2. 2 the plaintiffs filed a suit against defendant















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