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2008 Supreme(Guj) 469

K.A.PUJ
State Bank of India – Appellant
Versus
O. L. of New Gujarat Synthetics Ltd. – Respondent


Advocates Appeared:
For the Appellant : R.M. Desai, Adv.
For the Respondent: Ms. Amee Yajnik, D.S. Vasavada, and Nitin K. Mehta, Advs.

JUDGMENT :

K.A.Puj, J.

The applicant, State Bank of India, has taken out this Judge's Summons making following prayers;

    (A) The Liquidator of new Gujarat Systhetics Ltd. (In Liqu.), be directed to take possession of piece or parcel of land situate, lying and being at Mouje Dariapur Kazipur, City Taluka, bearing Final Plot No. 31 (Original Survey No. 416) of Town Planning Scheme No. 5 Ahmedabad admeasuring 12828 sq. yds. equivalent to 11501 sq. mts. together with constructions thereon which is in unauthorised and illegal occupation and possession of Respondent Nos. 4 to 13.

(B) It may be declared that Respondent Nos. 4 to 13 are in unauthorised and illegal occupation of land situate, lying and being at Mouje Dariapur Kazipur, City Taluka, bearing Final Plot No. 31 (Original Survey No. 416) of Town Planning Scheme No. 5 Ahmedabad admeasuring-12818 sq. yds. equivalent to 11501 sq. mts. together with construction standing thereon.

(C) It may be declared that Respondent Nos. 4 to 13 are encroachers and trespassers on the land situate lying and being at Mouje Dariapur Kazipur, City Taluka, bearing Final Plot No. 31 (Original Survey No. 416) of Town Planning Scheme No. 5 Ahmedabad admeasuring

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