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2020 Supreme(Guj) 663

BHARGAV D.KARIA
Legal Heirs and Representative of Decd. Dayalbhai Durlabhbhai Mistry – Appellant
Versus
Tanuja Girishkumar Mistry – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dhaval D. Vyas.

ORDER :

1. Heard learned advocate Mr. Dhaval D. Vyas appearing for the appellants through video conference.

2. This appeal is filed under Section 100 of the Code of Civil Procedure, 1908(for short “the Code”) by the original defendant nos. 1 to 3 challenging the concurrent findings of fact arrived at by both the Courts below in Regular Civil Suit No. 46 of 2006 which was allowed by the judgment and decree dated 19.12.2012 passed by the trial court and confirmed by the judgment and order dated 31.01.2020 passed by the Appellate Court in Regular Civil Appeal No. 4 of 2013.

3. The brief facts of the case giving rise to this appeal are as under:

    3.1. The plaintiff – respondent no.1 herein purchased the suit property situated at Tika No.1, City Survey No. 31 admeasuring 10200.79 sq. meters situated at Khumbharwad, Masjid Fadiyu, Tal. Navsari, Dist.: Navsari by registered sale deed in the year 2000. In the year 2006, the suit was filed by the respondent no.1 – plaintiff on the ground that the respondent nos. 1 to 3 – present appellants have encroached upon the suit property and prayed to remove the encroachment made by the appellants.

3.2. The trial Court framed the following twelve issues be

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