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SA/108/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 108 of 2011
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BHIMABHAI
JASHMATBHAI & 3 - Appellant(s)
Versus
RAGHAVBHAI
JINABHAI - Defendant(s)
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Appearance
:
MR
ANSHIN H DESAI for
Appellant(s) : 1, 1.2.1,1.2.2 - 2, 2.2.1,2.2.2 - 4, 4.2.1, 4.2.2,
4.2.3, 4.2.4,4.2.5
None for Defendant(s) : 1,1.2.5
MR RUTURAJ
NANAVATI for Defendant(s) : 1.2.1, 1.2.2, 1.2.3,1.2.4
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CORAM
:
HONOURABLE
MS.JUSTICE BELA TRIVEDI
Date
: 13/05/2011
ORAL
ORDER
1. Admit.
Learned advocate Mr.Gaurav Darji for Mr.Ruturaj Nanavati waives
service of notice of admission for the respondents.
2. The following substantial
questions of law arise for determination of this Court:-
“1. Whether the Courts
below have materially erred in law in mis-appreciating the evidence
on record and in not holding that the suit of the plaintiff was
barred by the law of limitation as per Articles 64, 65 and 110 of the
Limitation Act?
2. Whether the Courts below
have materially erred in law in mis-appreciating the evidence on
record and in not holding that the plaintiff at his own conduct,
volition and acquiescence, accepted the position beyond the period of
12 years prior to the date of institution of the Suit?
3. Whether
the Courts below have materially erred in law in ignoring the
documents at Exhs.143 and
145 which pertained to family arrangement which had taken place
amongst the members of the family?
4. Whether the lower
Appellate Court has materially erred in law in not raising the points
of determination as contemplated under Order 41 Rule 31 of the Code
of Civil Procedure and in not giving its findings on each of the
points involved in the appeal?”
(BELA
TRIVEDI, J.)
Hitesh
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