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SANDEEP N. BHATT
Malavi Bhanvarlal Ganeshji – Appellant
Versus
Himmatnagar Nagarpalika Office – Respondent
JUDGMENT :
1. The present Second Appeal is filed by the appellants – original applicants by challenging the impugned judgment dated 30.07.2010 passed below Exh.139 in Regular Civil Suit No.20 of 2002 by the learned 3rd Addl. Senior Civil Judge, Himmatnagar as well as the judgment dated 15.09.2011 passed below Exh.25 & 26 in Regular Civil Appeal No.28 of 2010 by the learned Principal District Judge, Sabarkantha, whereby the same were dismissed by both the courts below.
2. The present Second Appeal was filed in the year 2012 and is currently pending for admission. No further orders have been passed since 2012, which is a highly concerning aspect of this matter. It clearly indicates the need for improvement in the system of the Registry for listing cases. Upon perusal the proceedings of this case, it is revealed that it was initially filed on 07.09.2012 and subsequently listed before the learned Court on 26.09.2012, which came to be dismissed for want of prosecution. However, by order dated 7.11.2012 in Misc. Civil Application No.3044 of 2012 for restoration, the Court restored the matter by allowing that application. Despite this, it appears that the matter was never brought before the
The judgment emphasized the importance of establishing legal ownership and possession in land disputes, and highlighted the legal provisions under the Gujarat Municipalities Act 1963, particularly Se....
The court emphasized the importance of proving ownership and complying with the rules of non-joinder of parties and limitation in civil suits.
The possession is a pure question of fact, and the findings of fact recorded by the lower courts cannot be interfered with unless they are based on no evidence or are perverse.
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 case reinforces that without valid proof of title and possession, a civil suit to restrain eviction is not maintainable, particularly when procedural requirements of notice under relevant legisla....
A second appeal under CPC does not warrant interference when no substantial question of law arises, affirming the necessity of establishing ownership before claiming possession.
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