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2017 Supreme(Guj) 1061

S.G.SHAH
Manubhai Bhaichanddas Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mehul S. Shah, Senior Counsel With Mr. Yatin Soni, Advocate.
For the Respondent:Mr. P.K. Jani, Additional Advocate General With Ms. Ritu Guru, Assistant Government Pleader With Mr. Swapneshwar Gautam, AGP.

JUDGMENT :

Mr. S.G. Shah, J.

Heard learned Senior Counsel Mr. Mehul S. Shah with Mr.Yatin Soni, learned advocate for the Appellants and learned Additional Advocate General Mr.P.K. Jani with Ms. Ritu Guru, learned Assistant Government Pleader for the Respondent/s. Perused the record of Second Appeal as well as Record & Proceedings of trial Court as well as appellate Court.

2. The Appellants herein are original Plaintiffs before the Civil Judge (Senior Division) of Banaskantha @ Palanpur in Regular Civil Suit No.79 of 1993. Such suit was decreed by judgment and order dated 31.7.1999 in following terms;

"The suit of the Plaintiffs is hereby decreed. Permanent injunction as sought below paragraph 8(1) is hereby granted. Further, the relief as prayed in paragraph 8(2) is also granted and it is hereby declared that the act of the defendant Nos. 2 and 3 to attach the truck of the plaintiff on 9.12.1992 was an illegal act. Further, Plaintiffs are entitled to recover an amount of deposit of Rs. 5,000/- from the defendants. Therefore, defendant Nos. 2 to 4 are hereby directed to pay back the amount of Rs. 5,000/- to the Plaintiffs. Further, defendants are hereby directed to pay Rs. 4,000/- by wa












































































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