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2019 Supreme(Guj) 1165

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANANT S.DAVE, BIREN VAISHNAV
Amrutbhai Naginbhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
MR ADIL R MIRZA(2488) for the Appellant(s) No. 1,2,3,4,5
for the Respondent(s) No. 1,10,2,3,4,5,6,7,8,9
MR. NISHIT P GANDHI(6946) for the Respondent(s) No. 2,3,4,5,6

Table of Content
1. undisputed historical facts of property mutation. (Para 1)
2. court's opinion on procedural delays in property claims. (Para 2)
3. long-standing entries in revenue records maintain weight. (Para 3)
4. appeal dismissed; costs imposed. (Para 4 , 5)

ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE)

1. Following are the facts undisputed:

a) The entry no.243 came to be mutated on 23.01.1931 in the name of Maganbhai Raviyabhai Patel with regard to the agriculture land bearing survey no.442 of Village:Vad, Tal:Chikhli, Dist:Navsari upon death of his grandfather and grandmother on 17.11.30. b) Subsequently on death of said Maganbhai Raviyabhai, names of the legal heirs who are the private respondents were mutated with regard to the land in question.

c) The present petitioners who are the legal heirs of Naginbhai Patel, challenged the entries mutated in the year 1930 and subsequent entries on the ground that the father of Naginbhai Raviyabhai was also entitled for the same. The legal heirs of one of the brothers, namely, Somabhai Raviyabhai in the year 2010 claimed their right over the property in question. The said appeal being Appeal no.192 of 2010 came to be reje

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