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2024 Supreme(Guj) 921

SANDEEP N. BHATT
Sandipbhai Arjanbhai Korat – Appellant
Versus
Atul Dilsukhbhai Sheth – Respondent


Advocate Appeared:
For the Appellant :Mr Nirav Thakkar, Advocate For Ms Roma I. Fidelis, Advocate
For the Respondent:Mr R R Marshall, Senior Advocate with Mr Daifraz Havewalla & Mr Raju N Desai, Advocates

JUDGMENT :

1.1 The present group of appeals, under Section 100 of the Code of Civil Procedure, 1908, by the appellant/s – original plaintiff/s, arises from the impugned judgment and decree dated 05.03.2022 passed by the learned 10th Additional District Judge, Rajkot in Regular Civil Appeal No.43 of 2019 and other cognate appeals, confirming the judgment and decree dated 09.01.2019 passed by the learned 3rd Additional Senior Civil Judge, Rajkot in Regular Civil Suit No.256 of 2012 and other cognate suits, which are dismissed.

1.2 Since the facts, background, issues, land and the parties are identical, for the sake of avoiding repetition, with the consent of the learned advocates for the respective parties, all these appeals are heard and decided together by this Court today, by this common judgment.

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

2.1 The land bearing Survey No.2 paiki situated at Mouje : Village - Mota Mava, District : Rajkot (for short ‘the land in question’) originally belonged to Chatursinh Jadeja and Khengarji Jadeja. They are real brothers, therefore, two branches of one father.

2.2 After the demise of Chatursinh Jadeja on 14.03.1996, the names o

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