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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Pirzada Saiyed Bahauddin B. Kadri (Since Decd.Thro Heirs) – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. errors in appellate court's document handling. (Para 5) |
| 2. government's stance on reliance of documents. (Para 6) |
| 3. importance of necessary parties in litigations. (Para 19 , 22) |
| 4. final decision of the appeal. (Para 24 , 25) |
JUDGMENT :
J.C.DOSHI, J.
1. This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) questions the legality and propriety of the judgment dated 23.12.2005 passed by the Joint District Judge & Fast Track Court No.12, Vadodara in Civil Appeal No.86 of 2004, by which the learned first appellate Court reversed the judgment and decree dated 01.10.2003 passed in Regular Civil Suit No.339 of 1986 and dismissed the suit of the plaintiff.
2. For the sake of brevity, parties are referred to as per their original status before the learned trial Court.
3. The factual aspects in a nutshell are as under:-
3.1 Plaintiff - Pirzada Saiyed Bahauddin B. Kadri filed suit for declaration and permanent injunction against the State of Gujarat claiming relief to declare that notice dated 04.02.1996 issued by the Collector, Vadodara, bearing No.DEV/VASHI/328/86 as null and void, with the permanent injunction that t
The appellate court ruled that reliance on unexhibited documents was improper, reaffirming the statutory restrictions on activities in protected areas and the necessity for proper evidence in substan....
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There are two stages relating to documents. One is the stage when all the documents on which the parties rely are filed by them in Court. The next stage is when the documents are proved and formally ....
The main legal point established in the judgment is that the existence of the temple on the date of filing the suit was sufficient to establish its possession, and the defendants' right to assert tit....
The admissibility of public documents requires corroborative evidence to establish claims of familial relationships; civil suits challenging property mutations remain maintainable under specific prov....
The declaration of the Christian Cemetery as a Heritage site was illegal due to non-compliance with statutory procedures under the Assam Ancient Monuments and Records Act, 1959.
All contesting parties in suit must get fair opportunity to contest suit on merits in accordance with law.
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