Z.K.SAIYED
PGVCL City Division – Appellant
Versus
Alimamad Karim (Deleted) Through Hasam Haji Abu Ravalia – Respondent
Z.K. Saiyed, J.
By way of present Second Appeal preferred under Section 100 of the Code of Civil Procedure, the appellant, who is original plaintiff, challenges the judgment and order dated 23.5.2011 passed by the learned Additional District Judge, Porbandar, (hereinafter referred to as the “Appellate Court”) in Regular Civil Appeal No. 9 of 2011, confirming the judgment and decree dated 28.2.2005 passed by the learned Civil Judge, (S.D), Porbandar, (hereinafter referred to as the “Trial Court”) in Regular Civil Suit No. 262 of 1985, whereby the learned trial Judge has dismissed the suit filed by the appellant herein-original plaintiff. (The parties of the present matter are referred as per their original status before the lower Court).
2. The facts of the present case are as under:
The appellant herein is a statutory body constituted under the Electricity Supply Act 1848. The land admeasuring about 4500 to 4600 Sq. Yrd. known as Ravaliya in Porbandar City near Hanuman Chawk and on this land, admeasuring 259 Sq. Mtr. a sub station was constructed by the Porbandar State in the year 1935, which was originally owned by Mr. Memon Haji Moti Haji Isaq Ravaliya and on upper its par
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