VORA ADAMBHAI ABHRAMBHAI Vs. VORA ISABBHAI RASULBHAI

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiff who had filed Civil Suit No.55 of 1978 against the respondents for declaration that the appellant is owner of Khanchali land of 17x1 Sq. Ft. and the respondents have got no right or title over such Khanchali land and the respondents have unauthorizedly encroached upon and taken possession of such Khanchali land and therefore, the respondents be directed to handover possession of such Khanchali land.

(2.) THE suit of the appellant was allowed by judgment and decree dated 31.12.1982 and the respondents were directed to handover possession of such Khanchali land to the appellant. Against judgment and decree passed by learned Trial Judge, only respondent No.1- original defendant No.1 had preferred Civil Appeal No.13 of 1983. Learned Appellate Judge allowed the said appeal of respondent No.1 by judgment and decree dated 25.9.1990 and quashed and set aside the judgment and decree passed by learned Trial Judge.

(3.) THIS Court on 17.9.2012, passed following order:-