Gujarat High Court
Bhil Babubhai Ramabhai vs Panaben Ranchhoddas ... on 20 September, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SA/310/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 310 of 2018
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BHIL BABUBHAI RAMABHAI
Versus
PANABEN RANCHHODDAS BRAHMAKSHTRIYSEVA TRUST
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Appearance:
MR YOGESH G KANADE(3114) for the PETITIONER(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 20/09/2018
ORAL ORDER
This second appeal is ordered to be admitted on the following substantial questions of law;
"(1) Whether the trial court and the appellant court justified in allowing partly and allowing without looking to the statues of Limitation Act. In view of the fact that land allotted in 29.1.1998 and limitation for suit is three years therefore suit RCS/2/1995 cannot be maintainable in the eye of law.
(2) Whether Lower Appellate Court passed order without jurisdiction and/or exceeds jurisdiction in view of the fact that after allotting and granting land under the welfare scheme Appellate Court cannot interfere in the area of revenue authorities?
(3) Whether Lower Appellate Court passed order without interpreting the provision of Evidence Act regarding undisputed public documents or Not?
(4) Whether judgment delivering by High Court and Apex Court binding to the Appellate Court regarding relevancy?
(5) Whether Ld. Appellate Court justified in holding that Page 1 of 2 C/SA/310/2018 ORDER the impugned judgment of the trial court is violative of principal of natural justice.?
(6) Whether the allotment of Gamtal land under the title of the state government or the Panchayat authority can be adjudicated before the Civil Court instead of revenue authority?
(7) Whether Ld. Appellate Court justified in passing order in Application under Order 39 Rule 1 & 2 of Code of Civil Procedure and prays for permanent injunction?
(8) Whether Ld. Appellate Court justified in deciding issues allowing appeal without appreciating the facts that there is absence of Prima Facie case, Balance of Convenience, irreparable injuries and suppression of material facts and not come with clean hands?"
(J.B.PARDIWALA, J) Vahid Page 2 of 2