FA/4675/2009

Judgment text excerpt

NEUTRAL CITATION C/FA/4675/2009 JUDGMENT DATED: 09/06/2026 2026:GUJHC:35017 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4675 of 2009 ========================================================== BHIKHABHAI JIVIDAS PATEL THRO'POA LEGAL HEIRS & L.RS. & ORS. Versus OIL & NATURAL GAS COMMISSION ========================================================== Appearance: DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Appellant(s) No. 1 MR MAHENDRA U VORA(3034) for the Appellant(s) No. 1.1,1.2,1.3,1.4,1.5 MR AJAY R MEHTA(453) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 09/06/2026 JUDGMENT 1. The unsuccessful plaintiff of Special Civil Suit No.153 of 1993, has preferred the present First Appeal under Section 96 of the Code of Civil Procedure 1908 (For short ‘the CPC’), assailing the impugned judgment and decree dated 21.10.2008 passed by the learned Additional Senior Civil Judge, Viramgam, Ahmedabad, whereby the plaintiff’s suit came to be dismissed. 2. The brief facts borne out of the record are that the plaintiff is a farmer who owns and cultivates agricultural land bearing Survey Nos. 107 and 108, measuring approximately 5 acres and 36 gunthas, situated on the outskirts of Village Balsasan, Taluka Viramgam, District Ahmedabad. The plaintiff depends entirely on the said land for his livelihood and cultivates crops and vegetables thereon. He also engages in cattle breeding using fodder produced from the said land. A Well belonging to the defendant company - ONGC is located Page 1 of 12 Uploaded by () on Downloaded on : Tue Jun 30 22:24:55 IST 2026 NEUTRAL CITATION C/FA/4675/2009 JUDGMENT DATED: 09/06/2026 2026:GUJHC:35017 on Survey No.107, and underground pipelin