LAWS(GJH)-2024-8-67

GORDHANBHAI RANCHODBHAI PATEL Vs. DINESHBHAI LAXMANBHAI PATEL

Decided On August 29, 2024
Gordhanbhai Ranchodbhai Patel Appellant
V/S
Dineshbhai Laxmanbhai Patel Respondents

JUDGEMENT

(1.) As the issue involved in both the appeals are common and the decision in one of the appeal has bearing over the decision in another appeal, they are taken up for hearing together and decided analogously by this common judgment and order.

(2.) At the joint request of learned advocates appearing for the respective parties, the captioned appeals and writ petition are taken up for final hearing at the admission stage. Learned advocate for both the sides agreed that they shall argue appeals on the questions which are framed in the memo of appeal by the appellant.

(3.) Second Appeal No.256 of 2024 filed under Sec. 100 of the Code of Civil Procedure (for short the CPC) challenges the judgment and decree dtd. 29/02/2016 delivered in SCS No.1090 of 2013 by the trial court whereby trial court partly allowed the suit restraining the defendant no.4 therein from dispossessing the appellant - plaintiff from his possession over 400 square meters of land situated on the southern side of the plot no.511; without following due procedure of law by issuing perpetual injunction with the clarification that if defendant no.4 follows the due procedure of law then the perpetual injunction shall not come in the way.