DASHRATHSINH GAMBHIRSINH Vs. BHUPATBHAI MAVJIBHAI BARAIYA

JUDGEMENT

(1.) This Second appeal filed under Sec. 100 of CPC challenges concurrent findings of judgment and decree, whereby, learned Principal Senior Civil Judge, Talaja in Regular Civil Suit No.49 of 2015 dismissed the suit of the plaintiff by judgment dtd. 1/2/2021. Unsuccessful challenge has been made by way of First Appeal being Regular Civil Appeal No.5 of 2021 before the learned Additional District Judge, Bhavnagar at Talaja and learned Appellate Court dismissed the Appeal vide judgment dtd. 31/8/2023.

(2.) For convenience, the parties are referred as per status in the suit.

(3.) Facts of the Second Appeal are as under :-