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2017 Supreme(Guj) 334

RAJESH H.SHUKLA
Union of India – Appellant
Versus
Rameshchandra Joshi – Respondent


Advocates Appeared:
For the Appellant : Devang Vyas and Trusha K. Patel
For the Respondents: Mehul S. Shah, Jenil M. Shal

JUDGMENT :

Rajesh H. Shukla, J.

1. The present First Appeal is filed by the Appellant - Union of India (Through Chief Secretary, Defence Department, New Delhi) being aggrieved with the judgment and order rendered in Special Civil Suit No. 34 of 1984 by the learned 2nd Additional Civil Judge (SD), at Jamnagar dated 30.12.1995 allowing the suit of the plaintiff partly ordering to hand over to the Respondent/Original Plaintiff the vacant and peaceful possession of the suit land as stated in detail in the judgment.

2. The background of the facts as stated in detail in the Appeal are that the possession of the land of the Respondent/Original Plaintiff was taken over by the Appellant - Union of India for the purpose of construction of the Air Force Station at Jamnagar. It is the contention of the Respondent/Original Plaintiff that the land was taken illegally and therefore the execution proceedings were initiated. The aforesaid First Appeal is preferred by the Appellant - Union of India, where the High Court by order dated 13.12.2002 stayed the judgment of the Civil Court for a period of six months with a direction to the Appellant/Union of India to expedite the acquisition proceedings of t















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