GAFULBHAI BHAYABHAI KANSARA Vs. NISHAR AHEMAD MUSTUFA MANCHHIVALA

JUDGEMENT

(1.) This Second Appeal is filed by the original plaintiff against the judgment and decree passed by the 6th Additional District Judge, Surat in Regular Civil Appeal No.2 of 2012 dated 29.04.2017. By the impugned judgment, the Appellate Court below has quashed and set aside the judgment and decree passed by the 4th Additional Senior Civil Judge, Surat in Regular Civil Suit No.696 of 2005 dated 09.12.2011. The Trial Court had allowed the suit in favor of the plaintiff.

(2.) It is noted that the judgment of each of the Courts below (Trial Court and the Appellate Court below) is common judgment in bunch of suits and appeals. The plaintiff was the same in all the suits. The description of the respective plot in question, in each suit was different, though it was part of the same parcel of land. The contesting defendant qua each plot was different. In this factual background, separate suits were filed, however all were decided by the common judgment and decree passed by the Trial Court recorded on Regular Civil Suit Nos. 696 to 746, and 748 to 801 of 2005. From the said judgment and decree of the Trial Court, different but identical appeals were filed before the District Court being Regular Civil Appeal Nos. 2 to 106 of 2012. All those appeals were decided by the impugned common judgment.

(3.) Heard learned advocates.