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2022 Supreme(Guj) 1138

HEMANT M. PRACHCHHAK
Ramanlal Maneklal Bhatt – Appellant
Versus
Legal Heirs Of Kaushikbhai Vasudevbhai Bhatt – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.P. Champaneri
For the Respondent: Mr.D.K.Puj

ORDER :

1. Being aggrieved and dissatisfied with the judgment and order dated 6.1.2020 passed by the learned 5th Additional Principal District Judge, Kheda at Nadiad in Regular Civil Appeal No.79 of 2019 the appellant have filed present Appeal.

2. Heard learned Counsels appearing for the respective parties and perused the record and the impugned judgment and order of the lower Court.

3. From the record it appears that the appeal is decided ex-parte in absence of the learned Counsel appearing for the present appellants before the First Appellate Court and only on that ground the learned Appellate Court has decided the appeal.

4. At this stage, it is appropriate to take into account the issues framed by the learned Trial Court which read as under :

    (1) Whether the plaintiffs prove that, the properties described in plaint para 3, are joint ancestral properties of plaintiffs as well as defendants?

(2) Whether the plaintiffs prove that, the suit properties are in their possession?

(3) Whether the plaintiffs are entitled to get relief as prayed for?

(4) Whether the defendants prove that, by mutual understanding, their father got, the suit properties and since then, they are owner and in possessi

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