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2019 Supreme(Guj) 847

PARESH UPADHYAY
Parasmal Lunkarji Lunawat – Appellant
Versus
Laxmanji Varvaji Thakor – Respondent


Advocates Appeared:
For the Appellant : Tattvam K. Patel, Adv.
For the Respondents:Mehul S. Shah, Senior Advocate, Harsh M. Surti and H.R. Panchal, Advs.

JUDGMENT :

Paresh Upadhyay, J.

1. This Appeal is filed by the original defendant Nos. 1 and 2 and is directed against the judgment and decree passed by the 6th Additional District Judge, Ahmedabad (Rural) dated 01.01.2019 in Regular Civil Appeal No. 28 of 2015. By the impugned judgment, the Appellate Court below has reversed the judgment and decree dated 19.10.2015 passed by the Trial Court [the Principal Senior Civil Judge, Ahmedabad (Rural)] in Regular Civil Suit No. 463 of 2011. The plaintiffs had filed the said suit for declaration and permanent injunction, which was dismissed by the Trial Court.

2. The following substantial questions of law were framed by this Court and learned advocates for the contesting parties were heard at length on those substantial questions of law.

    (1) Whether the suit was barred by limitation?

(2) Whether the suit was barred the provisions of Order XXII Rule 9 and Order II Rule 2 of the Code of Civil Procedure, 1908?

(3) Whether the Appellate Court below erred in passing the order beyond the scope of the suit?

(4) Whether the defendants No. 1 and 2 (present appellants) can be said to have perfected their title to the suit land by adverse possession, so as to

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