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2024 Supreme(Guj) 923

SANDEEP N. BHATT
Arjanbhai Talshibhai – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr H J Dholakia, Ms. Palak K Dalal
For the Respondent:Mr Shalin Mehta, Senior Advocate With Ms Aditi S Raol, Mr Aditya Jadeja, AGP

JUDGMENT :

1. This Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (‘CPC’ for short) being aggrieved and dissatisfied with the common order and decree dated 16.4.2021 passed by the learned Principal District Judge, Bhavnagar in Regular Civil Appeal No.57 of 2017 and allied matters as well as the judgment and decree dated 1.7.2017 passed by the learned 8th Additional Chief Judicial Magistrate, Bhavnagar in Regular Civil suit No.450 of 2009 by suggesting the following substantial questions of law:

    “1. Whether the Appellant proves the order passed by the respondents in the ceiling case as well as in the remand application, are illegal void ab initio and not binding on the appellant.

    2. Whether the Appellant proves that the suit is in his possession since the year 1954-55.

    3. Whether the Appellant proves that he has become the owner of the suit land by virtue of the Sale Deed executed in his favour by Dr.Virbhadrasinh Krushnakumarsinhji.

    4. Whether the Appellant proves that he has become the owner of the suit land on the basis of adverse possession.

    5. Whether the Appellant proves that the respondents are not having any right, title or interest in the suit land.

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