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2024 Supreme(Guj) 1119

SANDEEP N. BHATT
Amrutlal Mevaram Gupta – Appellant
Versus
Abdulbhai Sidikbhai Memon – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR HIMANSU M PADHYA

JUDGMENT :

Since the parties, facts, property, and issues involved in the present appeals are identical in nature, hence, at the request of learned advocate for the appellant, the matters are taken up for final consideration and Second Appeal No.322 of 2018 is considered as lead matter and the facts are taken from Second Appeal No.322 of 2018. Therefore, all the matters are heard together.

1.1 The present appeal i.e. Second Appeal No.322 of 2018 is filed under Section 100 of the Civil Procedure Code, 1908 (hereinafter referred to as “the Code”) by the present appellant – original plaintiff, by challenging the impugned judgment dated 31.03.2017 passed by the learned Principal District Judge, Palanpur, District: Banaskantha in Regular Civil Appeal No.05 of 2010 as well as the judgment and decree dated 16.02.2010 passed by the learned Principal Civil Judge, Amirgadh in Regular Civil Suit No.17 of 1995, whereby the same were dismissed, which were for permanent injunction.

1.2 The present appeal i.e. Second Appeal No.321 of 2018 is filed under Section 100 of the Civil Procedure Code, 1908 (hereinafter referred to as “the Code” by the present appellant – original plaintiff, by challenging t

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