( 1 ) ON the last date, these matters were fully heard arid when the Court was about to dictate the judgment, Mr. V. M. Pancholi sought time to take instruction whether his client would like to invite an order or would withdraw Exh. 5, and the matter was, therefore, adjourned for today. Today, Mr. Pancholi states that his client would not like to withdraw Exh. 5 and the court may dispose of the appeals on merits. Since arguments are fully heard and since both the appeals arise out of the same impugned order and common points are involved in both the appeals, with the consent of learned advocates, both the appeals are disposed of by this common judgment.

( 2 ) AMIT Pransukhlal Patel (hereinafter referred to as the original plaintiff) filed Special Civil Suit No. 108 of 2006 against vishnuji Ramtuji Thakore and 11 others (hereinafter referred to as the original defendants) before the Senior Civil Judge. Ahmedabad Rural. It is the case of the original plaintiff in the suit that the original defendants are owners of some properly situated in Thallej area. Daskroi Taluka, ahmedabad District which is described in paragraph 1 of the plaint. It is the case of the plainti