PARESH UPADHYAY
Parasmal Lunkarji Lunawat – Appellant
Versus
Laxmanji Varvaji Thakor – Respondent
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.
(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
Bondar Singh Versus Nihal Singh - (2003) 4 SCC 161
Shrimant Shamrao Suyvanshi Vs. Pralhad Bhairoba Suryavanshi - (2002) 3 SCC 676
Prem Singh Vs. Birbal - (2006) 5 SCC 353
Dilboo Vs. Dhanraji - (2000) 7 SCC 702
Suraj Rattan Thirani Vs. Azamabad Tea Co. Ltd.
Smt. Karuna Chatruvedi Vs. Smt. Sarojini Agarwal - AIR 1965 SC 295
Gujarat Electricity Board, Baroda Vs. Saurashtra Chemicals
Arun General Industries Ltd. Vs. Rishabh Manufacturers Pvt. Ltd.
Jai Hind Iron Mart Vs. Tulsirarr Bhagwandas - AIR 1953 Bom 117
Baldev Singh Vs. Manohar Singh - (2006) 6 SCC 498
Santram Janak Dewangan Vs. Shivprasad Garibram Dewangan - 2016 AIR(Chhat) 150
Achal Reddi Vs. Ramakrishna Reddiar - 1989 Law Suit (SC) 562
Ravindra Kaur Grewal Vs. Manjit Kaur reported in AIR 2019 SC 3827
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