HIGH COURT OF GUJARAT
MR. JUSTICE SANDEEP N. BHATT, J
DABHI RAJUJI PRATAPJI – Appellant
Versus
DABHI LAXMANJI GALABJI DECEASED THRO LEGAL HEIRS – Respondent
ORAL ORDER
1. The present appeal is filed challenging the judgment and order dated 15.12.2007 passed by the Additional District Judge and Presiding Officer, 1st Fast Track Court, Mehsana in Regular Civil Appeal No.7 of 2005, vide the said judgment and order, the Court was pleased to dismiss the appeal against the judgment and decree passed by the Joint Civil Judge, Kadi, Dist: Mehsana in R.C.S. No.143 of 2001 dated 30.12.2004.
2. Brief facts of the case are as under:
2.1 The appellant along with his brothers is the owner and possessor of the agricultural land at Village Rajpur, Taluka Kadi bearing Survey No.1039 admeasuring 1 Hectare 28 Are 49 Sq. Mtrs. as an ancestral property and thus, is in actual possession of the property and is cultivating the land since more than 45 years without any objection whatsoever from any person. About half of the land was acquired by highway authorities in 1984 and the balance land remained with the appellant. The Respondent nos.1 to 4 are remotely related to the appellant, respondent no.5 is the uncle of the appellant. The respondent no.6 had purchased the land from Respondent no.4 and 5 under the impression that they are the real owners of the land.
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