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2024 Supreme(Guj) 1122

SANDEEP N. BHATT
Harijan Mala Bhala – Appellant
Versus
Heirs And Legal Representative Of Ravariya Ladha Anada – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR MEHUL H RATHOD

JUDGMENT :

1. The present Second Appeal, under Section 100 of the Civil Procedure Code, (hereinafter referred to as “the Code” is filed by the appellant – original plaintiff, challenging the impugned judgment and decree dated 21.09.2021 passed by the learned 9th Addl. District Judge, Kachchh at Bhachau in Regular Civil Appeal No.15 of 2020 (Old No.RCA No.19 of 2018) as well as the impugned judgment and decree dated 31.03.2017 passed by the learned Principal Civil Judge, Bhachau, Kachchh in Regular Civil Suit No.23 of 2011, whereby the same were dismissed.

2. Heard Mr. Mehul H. Rathod, the learned counsel for the appellant at length.

3.1 He has drawn the attention to the impugned judgments of the courts below as well as paper-book along with relevant documents, which were produced by him for perusal of the Court. Additionally, he has referred the plaint in question and has submitted that the courts below have not properly considered the case of the present appellant and the impugned judgments and decree suffer from vices of non-application of mind to the material on record and unreasoned one and, therefore, the same are required to be set aside. Furthermore, he has submitted that the c

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