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2022 Supreme(SC) 197

M. R. SHAH, B. V. NAGARATHNA
Padhiyar Prahladji Chenaji (Deceased) Through L. R. S – Appellant
Versus
Maniben Jagmalbhai (Deceased) Through L. R. S – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Pallav Shishodia, Sr. Advocate, Mr. Rishabh Sancheti, Advocate, Ms. Padma Priya, Advocate, Mr. Anchit Bhandari, Advocate, Ms. Saloni Bhandari, Advocate, Mr. K. Paari Vendhan, Advocate
For the Respondent:Mr. Rauf Rahim, Advocate

JUDGMENT :

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.10.2018 passed by the High Court of Gujarat in Second Appeal No. 8 of 2016 by which the High Court has dismissed the said appeal and has confirmed the judgment and decree passed by the trial court further confirmed by the First Appellate Court granting injunction in favour of the original plaintiff restraining the defendant from disturbing the possession of the plaintiff, the original defendant has preferred the present appeal.

2. That the dispute is with respect to the land bearing Revenue Survey No. 49 ad-measuring 6 acres and 15 gunthas situated at the village Mahadeviya, District Deesa. The husband of the original plaintiff had executed a Sale Deed dated 17.06.1975 in favour of the appellant herein - original defendant (hereinafter referred to as the "original defendant") by which he sold his agricultural land in question.

2.1 That on the basis of the sale deed, the name of the defendant No.1 was mutated in the Revenue record in the year 1976 itself. All throughout the name of the original defendant No.1 was mutated in the Revenue record as an owner right from the year 1976 onw

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