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2023 Supreme(Guj) 444

RAJENDRA M. SAREEN
Ismailbhai Kasambhai Mudiya – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
Mr. Nauman S. Qureshi, Mr. Shakeel A. Qureshi.

ORDER :

1. Present Second Appeal has been preferred by the appellants – original plaintiff against the concurrent findings of the learned courts below arising out of the suit for declaration and permanent injunction.

2. Factual matrix of the case is as under:

2.1. It is the case of the plaintiff that he is resident of Mangrol and having his own agricultural land of Survey No.1394/5 known as Basar and surrounding to this land, there are many agricultural lands of different farmers. It is the case of the plaintiff that on the eastern side of his land, there is government land known as Bal land and the said land is in height of 3 to 4 ft. to the level of his land and hence they are using the said land for keeping agricultural equipments, storing cattle, food, etc and they are using the said land since his forefathers without any kind of obstructions from the Government. It is alleged that the said land of the government is approximately 3 Bighas and the plaintiff is going to his field through the way passing from the said land of the government and he has made boundary by making construction and thereby made huge expenses.

2.2. It is further the case of the plaintiff that for regulariz

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