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2024 Supreme(Guj) 525

SANDEEP N. BHATT
Administrator of Ravinagar Malaji Champaji Thakore – Appellant
Versus
Owner of Chandramauli Coal Traders Lalitaben Prataprai Since Died Through Lhr – Respondent


Advocates Appeared:
For the Applicant : Mr. G.C. Ray, Mr. Mehul S. Shah, Mr. Varun G. Rai.
For the Respondents: Deceased Litigant, Venu H. Nanavaty.

JUDGMENT :

1.1 Both these appeals, under Section 100 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) arise from the impugned common judgment and decree dated 29.01.1997 passed by the learned 3rd Joint District Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad in Regular Civil Appeal No.31 of 1994 and Regular Civil Appeal No.32 of 1994, whereby the learned appellate Court below has dismissed both the appeals, which were arising from the common judgment and decree dated 31.03.1994 passed by the learned Joint Civil Judge (J.D.), Ahmedabad (Rural) at Mirzapur, Ahmedabad in Regular Civil Suit No.903 of 1985, dismissing the same and Regular Civil Suit No.908 of 1985, allowing the same.

1.2 Since the parties, facts, issues, land in question and the arguments are common, with consent of the learned advocates, both these appeals are heard and decided together by this Court today by this common order.

2. The brief facts of the present appeals are as under :

2.1 The appellants are the administrators of Ravinagar purchased land of Survey No.446 & 449 of village Vejalpur and it was divided in 13 final plots and each final plot was further divided in 9 sub-plots. In all 117 plots were mad

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