JETHABHAI DAHYABHAI DANGAR Vs. PARAGBHAI PARSHOTTAMBHAI JETHVA

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of CPC challenges concurrent findings of the Courts below, whereby, learned Trial Court in Regular Civil Suit No.105 of 2017 passed judgment and decree dtd. 15/7/2021 in favour of the plaintiff. This decree was against three defendants viz. Sambhudan Gadhavi, Jethabhai Dangar and Jivanbhai Khandeka. Out of three defendants, two defendants i.e. defendant nos.2 and 3 have challenged the judgment and decree passed by the learned Trial Court by filing separate appeals viz. Regular Civil Appeal No.12 of 2021 (filed by the appellant and defendant no.3) and Regular Civil Appeal No.13 of 2021 (filed by defendant no.2). Learned Appellate Court by judgment and decree dtd. 28/3/2023 rejected both the appeals and confirmed the judgment passed by the learned Trial Court. Hence, present appellant - original defendant no.2 is before this Court by way of Second Appeal.

(2.) Facts of the case are as under :-