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HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
KADVABHAI KHIMABHAI KACHHADIYA – Appellant
Versus
LALJIBHAI JINABHAI VEKARIYA – Respondent
| Table of Content |
|---|
| 1. plaintiffs filed suit for encroachment (Para 1 , 2 , 3 , 4) |
| 2. defendants argue lack of cause of action (Para 5 , 6) |
| 3. appellate court's findings on encroachment (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. existence of cause of action is essential (Para 20 , 21 , 22) |
| 5. second appeal dismissed (Para 23 , 24) |
ORAL ORDER
1. Present second appeal u/s 100 of the CPC is filed against the judgment and decree dated 21.8.2018 passed by the learned Addl. District Judge, Visavadar in Regular Civil Appeal No.55 of 2017, whereby the learned appellate Court reversed the judgment and decree dated 6.8.2013 passed by the learned Principal Civil Judge, Visavadar in Regular Civil Suit No.26 of 2010.
2. Brief facts leading to filing present second appeal reads as under:-
2.1 The plaintiffs filed Regular Civil Suit No. 26/2010 before the Principal Civil Judge, Visavadar against the defendants for removal of encroachment and handing over the possession, the plaintiffs also sought declaration and permanent Injunction. It is stated in the plaint that the plaintiffs are having an agricultural land admeasuring H-Are- Sq. Mtrs. 4- 05-70 (Acre 10-01 Guntha) of S.No. 244
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