FA/1310/2012

Judgment text excerpt

NEUTRAL CITATION C/FA/1310/2012 JUDGMENT DATED: 11/06/2026 2026:GUJHC:34770 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1310 of 2012 ========================================================== GUJARAT ENERGY TRANSMISSION COMPANY LTD THROUGH Versus NANIBA WD/O GEMARSINH RUPSINH SODHA & ORS. ========================================================== Appearance: MR JAYANT P BHATT(169) for the Appellant MR HENIL M SHAH(10677) for the Respondents ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 11/06/2026 JUDGMENT 1. By way of filing present First Appeal u/s 96 of the Code of Civil Procedure, 1908 (in short “the Code”), the appellant – Gujarat Energy Transmission Co. Ltd. (in short “the GETCO”) challenges judgment and decree dated 31.1.2012 passed by the learned Principal Senior Civil Judge, Bhuj, whereby the learned trial Court has partly decreed Special Civil Suit No.81 of 2007 and directed the GETCO to pay Rs.9,40,000/- with interest at the rate of 9% per annum from the date of filing of the suit till realization for the death of Gemarsinh Sodha. 2. For the sake of convenience and brevity, parties are referred to as per their original status before the learned trial Court. 3. Briefly states facts of the case are that plaintiffs are legal heirs of deceased Gemarsinh Sodha. That deceased Shri Page 1 of 10 Uploaded by () on Downloaded on : Tue Jun 30 22:20:32 IST 2026 NEUTRAL CITATION C/FA/1310/2012 JUDGMENT DATED: 11/06/2026 2026:GUJHC:34770 Gemarsinh Rupsinh Sodha used to work as a Maldhari. On 24/04/2003, around 15:00 hrs., the deceased was proceeding alongwith sheeps and goats in the Ugamani Sim of Village: Nana Reha. He had reached near the open Kenal of Tube well. 66 k.v. line was passing through