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2010 Supreme(Guj) 129

M.R.SHAH
ANANDIBEN JAMABHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR VIPUL S MODI for Appellant(s) : 1,
MR NIRAJ SONI ASST.GOVERNMENT PLEADER for Defendant(s) : 1 - 2.
None for Defendant(s) : 3, 5,
NOTICE SERVED for Defendant(s) : 3.2.1,3.2.2 - 5, 5.2.2, 5.2.3,5.2.4

JUDGMENT

Present Second Appeal under sec.100 of the Code of Civil Procedure has been preferred by the appellant herein original plaintiff to quash and set aside the impugned judgement and order dtd.20/9/2007 passed by the learned Additional District Judge, Banaskantha-Deesa in Regular Civil Appeal No.77 of 1999, by which the learned appellate court has dismissed the said appeal confirming the judgement and decree dtd.30/9/1999 passed by the learned 4th Joint Civil Judge (SD), Palanpur in Regular Civil Suit No.59 of 1986, by which the learned trial court has dismissed the said suit.

At the outset, it is required to be noted that the present Second Appeal is nothing but abuse of process of Court and Court proceedings by the appellant and last attempt on the part of the appellant to avoid the order passed by the authority under the provisions of Gujarat Agricultural Lands (Ceiling) Act and to avoid handing over the possession of the lands which had been declared excess/surplus under the provisions of the Agricultural Lands (Ceiling) Act as far as back in the year 1985.

The disputed lands in question were of the ownership of the father of the appellant herein original plaintiff and the
















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