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2003 Supreme(Guj) 148

K.M.MEHTA
AMBALAL OKARLAL PATEL – Appellant
Versus
FILOMAN PATHUBHAI PATEL – Respondent


Advocates Appeared: A.D.OZA, JASHVANT M.PATEL, K.H.KAJI, KETTY A.MEHTA, M.D.PANDYA, T.A.MAKVANA, TRIVEDI AND GUPTA

K. M. MEHTA, J.

( 1 ) AMBALAL Okarlal Patel and others, appellants original plaintiffs have filed this second appeal under section 100 of the Code of Civil Procedure, against the judgment and decree dated 11th August, 1986, passed by the learned Extra Assistant Judge, Bharuch, in Regular Civil Appeal No. 72 of 1984. The learned Judge by his impugned judgment was pleased to allow the appeal and quashed and set aside the judgment dated 31st March, 1984, passed by the learned Civil Judge (S. D.), Bharuch in Regular Civil Suit No. 72 of 1972.

( 2 ) BACKGROUND OF THE MATTER:in the year 1898 A. D. some American Missionaries established a religious institution (Church) at Valsad for propagation of protestant faith of Christian religion and to establish and manage the churches for the people professing that faith. Gradually their activities were extended and similar institutions came into being at Ankleshwar in Bharuch District and at Jalalpore Town in Navsari Taluka of Valsad District. In course of time, these activities were further extended to various other places in the then Bombay State. For administrative facilities and convenience, such local institutions came to be grouped into two









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