HUSAINBHAI NABIBUX KUNJADA Vs. MODHIA CHHOTALAL MANSUKHLAL

JUDGEMENT

(1.) These two appeals by special leave are directed against 'two judgments and orders/decrees of the Gujarat High Court arising out of the controversy between the parties which began more than 30 years ago.

(2.) Civil Appeal No. 316 of 1970 is directed against the judgment and decree of a Letters Patent bench of the Gujarat High Court dated April 11/12, 1967 dismissing a letters patent appeal (L. P. A. No. 9 of 1962) preferred by the appellants from the judgment of a learned single Judge of that Court dated May 4, 1962 dismissing the appellants' appeal (Appeal No. 166 of 1960) under Section 47, Code of Civil Procedure from the order dated March 20, 1958 passed by the Court of Civil Judge, Senior Division, Godhra in special Darkhast, directing the delivery of actual possession of the land in dispute by the appellants to the decree-holder respondent.

(3.) Civil Appeal No. 317 of 1970 is directed against the judgment and decree of a Division Bench of the Gujarat High Court dated March 26, 1969 summarily dismissing in limine the appellant's appeal (F. A 430 of 1969) from the judgment and decree of the Civil Judge, Senior Division, Godhra dated November 26, 1968 dismissing the appellants' suit (Special Suit No. 8 of 1967) on the finding that they had failed to prove the decree passed in Special Suit No. 2 of 1942 to be a nullity.