IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 165 of 2026 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2026 In R/SECOND APPEAL NO. 165 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DEVAN M. DESAI ==========================================================

Approved for Reporting Yes No ✓

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HARIBHAI GOVINDBHAI RATHOD Versus NILESH HARILAL JOSHI & ORS.

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Appearance:

MR RC KAKKAD(389) for the Appellant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 12/03/2026

JUDGMENT

1. The present Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (hereinafter, referred to as “the Code”) by the appellant – original plaintiff assailing the judgment and decree dated 13.11.2025 passed by the learned Principal District Judge, Khambhaliya in Regular Civil Appeal No. 15 of 2023 upholding the judgment and decree dated 12.05.2023 passed by the learned Principal Senior Civil Judge, Khambhaliya in Regular Civil Suit No. 74 of 2009.

2. Heard learned advocate Mr. R.C. Kakkad for the appe