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2013 Supreme(Guj) 108

N.V.ANJARIA
GUJARAT ELECTRICITY BOARD NOW CONVERTED AS – Appellant
Versus
AHIR BHIMSHI MEPA THROUGH POA RAMSHI MEPA AHIR – Respondent


Advocates:
Advocate Appeared:
MR DIPAK R DAVE, ADVOCATE for the Appellants No. 1-2
MR VH KANARA, ADVOCATE for the Respondents No. 1

JUDGMENT

Even as the above-captioned two appeals arise from two different suits, since the subject matter of both the suits involved similar facts and identical issues, both the appeals were taken up for hearing simultaneously to be dealt with in this common judgment.

2. Second Appeal No.57 of 2013 arises out of Special Civil Suit No.19 of 2000, whereas Second Appeal No.58 of 2013 emanates from Special Civil Suit No.18 of 2000, both instituted before the Court of learned Civil Judge (S.D.), Jamkhambhaliya. The suits were instituted by the plaintiffs who are the respective respondents in the present appeals against the erstwhile Gujarat Electricity Board, now converted as Paschim Gujarat Vij Company Limited-the appellant in both the appeals.

3. Setting out the relevant facts referable to Special Civil Suit No.19 of 2000, the respondent- plaintiff instituted the said suit on 18th April, 2000 to recover Rs.01,87,500/-(Rupees One Lakh Eighty Seven Thousand Five Hundred Only) by way of damages. It was the case of the plaintiff in the plaint that he was resident of village Vadvala of Jamjodhpur Taluka, and was owner of agricultural land situated thereat being Survey No.46 paiki admeasuring

























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