(1.) This second appeal u/s 100 of the Code of Civil Procedure, 1908 (in short "the Code") arise from the concurrent findings of the learned Courts below, whereby the learned 6th Additional District Judge, Panchmahal @ Godhra vide judgment and decree dtd. 29/11/2025 dismissed Regular Civil Appeal No.119 of 2024 and confirmed the judgment and decree dtd. 29/12/2023 passed by the learned 2 nd Additional Senior Civil Judge, Godhra in Regular Civil Suit No.141 of 2011, by which the suit of the respondent No.1 - plaintiff is decreed raising following questions of law as substantial questions of law.
(2.) Parties to the proceedings are referred to as per their original status before the learned trial Court for convenience.
(3.) Necessary facts being required to decide the second appeal in nutshell are as under:-