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2024 Supreme(Online)(GUJ) 9539

HIGH COURT OF GUJARAT
J. C. DOSHI, J
SHARDABEN BECHARBHAI PATANWADIYA – Appellant
Versus
MAHESH PANCHLAL BHAVSAAR – Respondent


Advocates:
MR HASIT DAVE(1321) for the Appellant(s) No. 1, MR BHARAT JANI(352) for the Respondent(s) No. 1, MS MOHINI J BHAVSAR(3071) for the Respondent(s) No. 1

ORAL JUDGMENT

1. Present second appeal u/s 100 of the CPC is directed against the judgment and decree dated 4.1.2017 passed by the learned 4th Addl. Senior Civil Judge, Bharuch in Regular Civil Suit No.106 of 2015 and confirmed by learned 5th Addl. District and Sessions Judge, Bharuch vide order dated 11.7.2022 in RCA No.19 of 2017.

2. Brief facts of the case are as under:-

2.1 The Appellant herein (Original Plaintiff) has been the priest of the Temple situated in the Suit Land, with its appurtenant since 25 years now, in un-interrupted possession thereof. She along with other residents of "Yogeshwar Society has been using the open land and constructed Temple and appurtenant thereon, which forms part of "Ramdevpir Mandir, situated upon non- agriculture land forming part of Revenue survey nos. 64, 28 and 468 and situated at plot nos 17 and 18, at "Yogeshwar society", situated within the Municipal Limits of Bharuch Nagar Pallika, Bharuch. That in the year 1987, "Ramdevpir Mandir was constructed by late Shri Gordhanbhai G. Patel, who happens to be the father of defendants Nos. 3.1 & 3.2. Appellant has been using the suit property with other inhabitants of "Yogeshwar society" for more tha

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