AJITBHAI CHIMANLAL PATEL Vs. MANUBHAI AMBALAL PATEL

JUDGEMENT

(1.) "Thy shall be vigilant in pursuing the litigation with unflinching devotion and duly, even though you might have lost your father in an automobile accidentand in the same accident your mother might have been seriously injured and may be unconscious on account of the accidental injury till the date of submitting the application for selling aside abetment and for condonation of delay."

(2.) In both appeals from orders identical questions of facts and law arise. Hence at the request of and with the consent of the learned advocates appearing for the appellant and having regard to the facts and circumstances of the case, both the matters are being disposed of by this common judgment.

(3.) One Patel Chimanbhai Chhaganbhai filed Special Civil Suit No.5/76 in the court of Civil Judge (S.D.) Nadiad and prayed that a decree against the defendants be passed for an amount of Rs. 11,680/- with 9 per cent interest. The suit was filed by him contending that the defendants had encroached upon the part of the land belonging to him and that he was entitled to receive the amount of compensation for the wrongful user of the land. .Another suit being Special Civil Suit No. 7/73 was also filed by him in the same court for decree against the defendants for an amount of Rs. 14,400/- contending that the defendants had encroached upon part of the land belonging to him and that he was entitled to receive the amount of compensation for the wrongful user of the land.