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2022 Supreme(Guj) 1043

HEMANT M. PRACHCHHAK
Vishniben Kevalram Khushlani – Appellant
Versus
Chaturbhai Abhesinh Baria – Respondent


Advocates Appeared:
For the Appellant : Mr. S.P. Majmudar, Mr. H.J. Karathiya.

ORDER :

1. Being aggrieved and dissatisfied with the judgment and order dated 01.02.2010 passed by the learned Principal Civil Judge, Shehera in Regular Civil Suit No.17 of 2006 as well as the judgment and order dated 10.02.2022 passed by the learned 6th Additional District Judge, Panchmahals in Regular Civil Appeal No.14 of 2010, the appellants – original plaintiffs have filed the present second appeal.

2. Heard Mr. S.P. Majmudar, the learned counsel assisted by Mr.H.J. Karathiya, the learned counsel appearing for the appellants.

3. Considering the fact that the Second Appeal is filed under Section 100 of the Civil Procedure Code, 1908 (for short “the Code”) and this Court has very limited scope to entertain the Second Appeal. While considering the concurrent findings recorded against the present appellants, this Court cannot go into the factual matrix of the matter. There is a settled principle of law that against the concurrent findings, while exercising the powers under Section 100 of the Code, the High Court has to take utmost care while appreciating the facts and the evidence which is recorded by the Trial Court as well as the Lower Appellate Court.

4. In the present case, the

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