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GUJARAT HIGH COURT
J.M. Panchal, H.N. Devani, JJ
Hiraben and Others v. State of Gujarat and Others
| Table of Content |
|---|
| 1. trial court dismissed on jurisdiction grounds. (Para 1 , 2 , 3) |
| 2. key points of appeal identified for determination. (Para 4 , 5) |
| 3. evidence indicates land encroachment. (Para 6 , 7) |
| 4. relevant case law on jurisdiction discussed. (Para 8 , 9) |
| 5. further case law analyzed on jurisdiction. (Para 10 , 11 , 12) |
| 6. trial court's conclusion on limitation found insufficient. (Para 13 , 14 , 15) |
| 7. final orders and settlement option discussed. (Para 16 , 17) |
1. The above appeal arises under the following circumstances :
Appellants-plaintiffs had filed Special Civil Suit, 114 of 1981, in the court of the Civil Judge (S.D.) Bharuch alleging that they had right, title and interest in S.No. 268/2 admeasuring 1 acre 3 gunthas situated in the sim of village Jadeshwar. It was alleged that out of the said land, 17 gunthas had been acquired for the purpose of the National Highway, near Narmada river near village Jadeshwar. It was further alleged that the plaintiffs were having only 11 gunthas of land out of the total land of S. No. 268/2 and that therefore, there was an encroachment by the defendants over the remaining land of the said survey number. The plaintiffs had therefore, pray
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