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2010 Supreme(Guj) 279

SUDHANSU JYOTI MUKHOPADHAYA, K.M.THAKER
Bharatbhai Laljibhai Nakum – Appellant
Versus
Kanjibhai Devshibhai Nakum – Respondent


Advocates:
Appearance :
Mr. Sandeep N. Bhatt, for the Appellants No. 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5 - 2, 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5, 2.2.6, 2.2.7 - 3.
Notice Served by DS, for the Respondent No. 1.
Mr. Jaswant K. Shah, Asst. Government Pleader for the Respondents No. 2 - 4.

Judgment

K.M. Thaker, J.—The present appeal under Clause 15 of the Letters Patent arises from the order dated 2.9.2009 passed by the learned Single Judge in SCA No. 1581 of 2009. By the order impugned in the present appeal the learned Single Judge has rejected the petition and confirmed the orders passed by the Revisional Authority and by the Collector.

2. The appellant, who is the original petitioner, had challenged the order dated 8.4.2008 passed by the Revisional Authority viz. Secretary (Disputes) in Revision Application No. MVV/HKP/RJT/1/01 (Annexure-E, Page 62/A) which was filed by present appellant. The Revisional Authority, by order dated 8.4.2008 rejected the said Revision Application and confirmed the order dated 20.12.2000 passed by the Collector in Land (revision) Case No. 2/2000-2001. The said proceedings before the Collector were filed by present Respondent No. 1. The dispute considered by the aforesaid authorities arose from Revenue Entry No. 1914 made in respect of two parcels of land bearing Survey No. 227 and Survey No. 1249 situate at Moje Madhapar, Taluka Morbi.

So as to consider the crux of the issue, it would be necessary to address certain factual background.






































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