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SANDEEP N. BHATT
Thakkar Prakash Kuvarji Vadera – Appellant
Versus
Thakkar Kishor Kuvarji Vadera – Respondent
JUDGMENT :
1. The present appeal arises from the impugned judgment and decree dated 04.08.2023 passed by the learned 8th Additional District Judge, Kachchh – Bhuj Regular Civil Appeal No. 6 of 2022, whereby the learned appellate Court below has allowed the appeal by quashing and setting aside the judgment and decree dated 31.12.2021 passed by the learned Principal Civil Judge, Naliya in Regular Civil Suit No. 4 of 2012, allowing the suit in favour of the plaintiff.
2. Heard learned advocate for the appellant.
3.1 Learned advocate Mr. Maulik M. Soni for the appellant has submitted that the learned appellate Court below has not properly interpreted the documents produced by the appellant. He has submitted that the reasoning given by the learned appellate Court below is completely irrelevant, illogical and against the evidence as well as provisions of law. He has submitted that just key is with the respondent after the death of father which is not given by the appellant and therefore, entire case of the appellant is not believable by the learned appellate Court below. He has further submitted that the learned appellate Court below has failed in properly re-appreciating the entire evidenc
The main legal point established in the judgment is that an appeal under Section 100 of the CPC must involve substantial questions of law, and the court will not interfere with concurrent findings of....
Second Appeal – Substantial question of law -condition precedent for entertaining and deciding a Second Appeal being existence of a substantial question of law, whenever a question is framed by the H....
The main legal point established in the judgment is the requirement for a substantial question of law as a condition precedent for entertaining and deciding a Second Appeal.
(1) A party is not entitled to produce additional evidence unless it shows that evidence could not be produced before Trial Court despite exercise of due diligence.(2) Plaintiff cannot be held entitl....
The judgment emphasizes the parameters of an appeal under Section 100 of the CPC and the conditions under which a court in second appeal may disturb findings of fact.
GPA and similar documents do not confer title to immovable property; legal heirs of the original allottee are entitled to possession.
The importance of presenting timely and substantiated evidence to support claims, and the consequences of negligence and lack of diligence in pursuing legal remedies.
The main legal point established in the judgment is that a claim of adverse possession and ownership based on an oral gift must be substantiated with clear evidence, and the burden of proof lies with....
Second Appeal is competent only if it involves, at the stage of admission, substantial question of law.
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