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2021 Supreme(Guj) 1008

NIKHIL S.KARIEL
HASMUKHBHAI RAMCHADNRA BAROT – Appellant
Versus
RAMANBHAI MANGALBHAI PRAJAPATI – Respondent


Advocates Appeared:
For The Appellant : MR.HIREN M MODI
For The Respondent: MR PARTHIV B SHAH

JUDGMENT :

1. Heard learned Advocate Shri Hiren Modi for the appellants and learned Advocate Shri Parthiv Shah for the respondent Nos.1,4,7 and 10.

2. At the outset, it is required to be noted that this Court has heard four Second Appeals being Second Appeal Nos.103 to 106 of 2020 together, more particularly, since the parties and the issues raised in all Appeals though arising from the different Civil Suits and different Civil Appeals are near similar, in this view of the matter, this Court propose to dispose of all the four Second Appeals by way of present common judgment.

3. Since four Appeals are having decided together, it would be appropriate to give a brief background of each of the Second Appeal by way of tabular chart as hereinbelow:

1. Regular Civil Suit No.706 of 2003:

Plaintiffs:

1. Hasmukhbhai Ramchandra Barot

2. Arunaben Ramchandra Barot.

Prayer in brief:

For declaration that the land admeasuring 4700 Sq. Mtrs. of total land admeasuring 15782 Sq. Mtrs. was of the ownership and occupation of the plaintiffs and for a declaration that the defendants d

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