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2026 Supreme(Guj) 105

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Heirs Of Deceased Rabari Chelabhai Naranbhai – Appellant
Versus
Heirs Of Deceased Rabari Verasibhai Danabhai – Respondent


Advocates Appeared:
For the Appellants : Mr Narendra Ranamalji Madhu, MS Kinjal P. Shukla, MS Ruchika K. Soni.

JUDGMENT :

J.C.DOSHI, J.

1. The present Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (‘CPC’, for short), challenges the concurrent findings of judgment and decree dated 01.10.2019 passed by the trial Court i.e. Additional Civil Judge, Deesa dismissing the suit filed by the ancestral of plaintiffs being Regular Civil Suit No.12 of 2008, which has been confirmed by the learned 6th Additional District Judge, Banaskantha – Deesa dismissing the appeal filed by the plaintiff, vide judgment and decree dated 30.09.2025 passed in Regular Civil Appeal No.46 of 2019.

2. For the sake of brevity and convenience, the parties are referred to as per their original status before the trial Court.

3. The brief facts of the case are as under:-

3.1 Deceased Rabari Chelabhai Naranbhai and Rabari Versibhai Dannabhai, who died during the pendency of the suit proceedings, substituted by their heirs and legal representatives, filed suit against the defendants for a relief of specific performance and permanent injunction in regard to the agricultural lands of Survey No.307/P -1 / 1 bearing Khata No.238 and Survey No.321 – 322 P – 2 bearing Khata No.239 (‘parcels of land’, for short

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