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2004 Supreme(Guj) 159

K.A.PUJ
SOMNATH TRUST – Appellant
Versus
JAMNADAS MADHAVJI INTERNATIONAL LTD. – Respondent


Advocates Appeared: ANSHIN H.DESAI, MEHUL SHARAD SHAH, MIHIR JOSHI, SURESH M.SHAH,

K. A. PUJ, J.

( 1 ) THIS Appeal From Order is filed by the appellant - Trust, namely, Somnath Trust against the order passed by the learned Civil Judge (S. D.), Veraval below an application Exh. 5 in Special Civil Suit No. 135 of 2003 whereby the present appellant - original defendant No. 1 was restrained from dispossessing the present respondent from the suit leased land and was also restrained from disturbing the possession in respect of the said land till the final disposal of the suit. The learned Trial Judge has also directed to remove the Notice Board installed on the boundary of the suit land within 30 days of the said order and directed the appellant to pass pursis to that effect and if the said Notice Board is not removed as directed within the period, the present appellant was permitted to remove the said notice board at the cost of the appellant.

( 2 ) IT is the case of the appellant that a Partnership Firm, namely, Jamnadas Madhavji and Company was granted by the appellant - Trust, Sub-lease of the land admeasuring about 8903 Sq. Mts. from Survey No. 1791 of Prabhaspatan, Veraval from 04. 11. 1977 from amongst various lands granted to the appellant Trust by the Govt. for























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