IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 464 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/SECOND APPEAL NO. 464 of 2025 ==========================================================

LHS OF DECD. PATEL CHHAGANBHAI TRIBHUVANDAS & ORS.

Versus LHS OF DECD. MANIBEN JOITARAM TRIBHOVANDAS & ORS.

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Appearance:

MS ARCHANA P PATEL(5430) for the Appellant(s) No. 1,1.1,1.2,1.3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 16/02/2026

ORAL ORDER

1. The second appeal u/s 100 of the Code of Civil Procedure, 1908 (in short “the Code”) challenges concurrent findings of judgment and decree delivered by the learned Courts below, whereby the learned Senior Civil Judge, Kadi vide judgment and decree dated 23.9.2022 passed in Regular Civil Suit No.99 of 2017 filed by the plaintiffs; having been challenged before the learned 2^nd Addl. District Judge, Mehsana by way of filing Regular Civil Appeal No.73 of 2022, the same is also dismissed.

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

3. Brief facts of the case born out from the judgment and decree of the learned trial Court reads as under:-

3.1 The defendants in this case are the nephews of the plaintiff and their elder brothers have divided the property and the brothers have inherited the land in Moje Mathasur, old survey number 287/2, new survey number 646, which was in their father's share from record number 1249 dated 7/10/64. Their father was engaged in farming and he is also doing it and has planted juwar at present. When their father died on 11/12/96, his inheritance record number 2539 dated 10/9/99 was certified and since then his name has been registered in the title deed of the land bearing number 287/2, which is the disputed land in the hands of the elders.

3.2 In the record, Maniben Joitaram Patel, Puriben Joitaram Patel and Samuben were living with Joitaram Patel's widow. Maniben passed away on 27/12/79, and the title deed was registered as inheritance note number 1753 dated 10/9/1980. Maniben Joitaram, Puriben Joitaram and Manjulaben Joitaram and Sachendhabhai Keshavalal gave their answers in person.

Inheritance note number 1753 was approved on 11/10/80.

3.3 Dissatisfied with this, the defendants appealed to the Provincial Officer on 10/1/11 after 31 years. The appeal was approved, registration number 1753 was cancelled, a new family name was obtained and the case was remanded for.

3.4 Against which the plaintiffs filed a revision before the Collector, Mehsana, which was rejected.

3.5 Being aggrieved, the plaintiffs filed a revision before the Secretary, Revenue Department, Ahmedabad, who approved the revision and quashed the orders of the Collector, Mehsana and the Provincial Officer Kadi.

3.6 Taking into account the findings of the order, the case was remanded to the Provincial Officer, Kadi for reconsideration. The remand case was continued in the Provincial Office. The Provincial Officer remanded the Mamlatdar, Kadi and asked him to decide afresh.

3.7 The remand case was continued before the Mamlatdar, Kadi, note no. 1753 dated. The order of 10/9/80 has been quashed and the necessary supporting evidence has been ordered to be recorded afresh, and it is sought to declare that the plaintiffs are the legal owners and occupants of the claimed property and to declare that the defendants have no right, share or interest in the said property and to obtain a permanent injunction restraining the defendants from causing any disturbance or obstruction.

3.8 The defendants have filed a reply to the claim under No.

14 in which they have denied the facts of the claim.

3.9 The learned trial Court, Kadi on 23.9.2022 dismissed the suit filed by the plaintiffs.

3.10 Being aggrieved, the plaintiffs preferred Regular Civil Appeal No.73 of 2022 before the learned appellate Court, Mehsana, which