AMRUTLAL MEVARAM GUPTA Vs. ABDULBHAI SIDIKBHAI MEMON

JUDGEMENT

(1.) Since the parties, facts, property, and issues involved in the present appeals are identical in nature, hence, at the request of learned advocate for the appellant, the matters are taken up for final consideration and Second Appeal No.322 of 2018 is considered as lead matter and the facts are taken from Second Appeal No.322 of 2018. Therefore, all the matters are heard together.

(2.) It is relevant to note that the present Second Appeal is filed in the year 2018, but it was never proceeded, and is pending for admission since long.

(3.) The short facts giving rise to the present Regular Civil Appeal are that though learned Civil Judge answered the issue Nos. 1 & 2 in favour of the plaintiff that plaintiff is in possession and ownership property, of the suit however, learned Civil Judge answered the issue No. 3 against the plaintiff. Further, learned Civil Judge has not taken into consideration the fact that defendants had not filed any reply of the amended plaint produced by the plaintiff vide Exh. 75. That decision of the learned Civil Judge with regard to Issue No. 3 is false and against the facts on record. That learned Civil Judge has not properly appreciated the oral as well as documentary evidence adduced by the plaintiff on record. Further, learned Civil Judge has also not taken into consideration the Panchnam vide Exhs. 85 & 86. Further, trial Court has also not taken into consideration the written arguments submitted by the plaintiff vide Exh. 108. That trial Court has not considered the fact that defendants havThe rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees.e not produced any oral as well as documentary evidence. Hence, the judgment and decree of the trial Court is void and against the established principles of law and therefore, it is prayed to allow the appeal and set aside the judgment and decree of the trial Court and to grant the relief as claimed in the R.C.S. No. 17 of 1995. Consequently, the same are dismissed by the Court and hence, being aggrieved by the same, the present appeal is preferred.