NARANBHAI MADHABHAI Vs. NANJIBHAI SUKHABHAI GOHIL

JUDGEMENT

(1.) The present Second Appeal has been filed under Sec. 100 of Code of Civil Procedure aggrieved by the judgment and decree passed in Regular Civil Appeal No.125 of 2018 passed by Principal District Judge, Bhavnagar on 9/12/2024, whereby the said appeal has been dismissed and the order passed in Regular Civil Suit No.45 of 2006 has been confirmed.

(2.) For the sake of convenience the plaintiff of Regular Civil Suit No.45 of 2006 i.e. present respondent herein is referred to as the original plaintiff and the original defendants of Regular Civil Suit No.45 of 2006 and the plaintiffs of Regular Civil Suit No.57 of 2006 i.e. the appellants herein are referred to as the original defendants.

(3.) The dispute between the parties have arisen the plaintiffs of Regular Civil Suit No.45 of 2006 i.e. present opponent herein filed Regular Civil Suit No.45 of 2006 on the ground that by way of registered sale deed No.1260 dtd. 11/9/1996, the suit property has been purchased by the plaintiffs and that the plaintiffs are in peaceful possession, occupation and enjoyment of the suit property and are growing crops in the property and it is the case of the plaintiff of Regular Civil Suit No.45 of 2006 that the defendants have no right title and interest in the property and the said suit was for injunction restraining the defendants from taking away the peaceful possession of the suit property from the plaintiff.