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2022 Supreme(Guj) 1141

HEMANT M. PRACHCHHAK
Ashvinsinh Bhikhaji Solanki – Appellant
Versus
Nitaben W/o Ashvinsinh Bhikhaji Solanki – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jamshed Kavina, Mr. P.P. Majmudar
For the Respondent: Ms. Dilbur Contractor

ORDER :

1. This Court had directed the parties to go before the High Court Mediation Centre vide order dated 13.09.2022 and the Mediation Centre has placed the report dated 27.09.2022 on record, wherein the mediation attempt has failed and it has been unsuccessful. Therefore, the present Second Appeal is considered today.

2. Being aggrieved and dissatisfied with the judgment and order dated 08.08.2016 passed by the learned 2nd Additional Senior Civil Judge & C.J.M., Palanpur in Hindu Marriage Petition No.17 of 2012 as well as the judgment and order dated 27.02.2020 passed by the learned Principal District Judge, Banaskantha in Regular Civil Appeal No.22 of 2016, the appellant has filed the present second appeal.

3. Heard Mr.Jamshed Kavina assisted by Mr.P.P. Majmudar, the learned counsels appearing for the appellant and Ms.Dilbur Contractor, the learned counsel appearing for the respondent and perused the judgment and order passed by both the Courts below and also taken into account the material placed on record of the appeal.

4. Considering the above fact the First Appellate Court has to apply its mind independently and frame the issues appropriately and independently. The provisions

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