HUSSAINBHAI ALLARAKHBHAI DARIAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are aggrieved by the rejection of their application seeking permission to file a second appeal. The Samast Sunni Muslim Jamat, Damnagar (6th respondent herein, for short the Rs. Jamat) represented by its Secretary filed a suit against respondents 1 to 5 in the court of the Civil Judge (Senior Division), Amreli (Regular Civil Suit No. 240/1995) for a declaration that they are the owners in possession of land bearing old survey No. 248, Damnagar. They also sought a permanent injunction restraining the fifth respondent Damnagar Gram Panchayat (now Damnagar Nagarpalika) from interfering with the right of the plaintiff to construct a compound wall/fencing around the Kabrastan. They also sought a direction to respondents 1 to 5 to remove any encroachments over the said Kabrastan land.

(3.) After contest, the said suit was decreed in part by the Civil Judge, Senior Division, Amreli by judgment and decree dated 29.11.2003. The trial court declared that the plaintiff Jamat was the owner of plot Nos. 23, 24, 25,26 and 28 (described in the annexed order of District Development Officer dated 13.10.1977, canceling the auction of those plots) and granted a permanent injunction restraining the defendants from obstructing or interfering with the possession of the plaintiff Jamat. The trial court however rejected the claim of the plaintiff Jamat in regard to old survey No. 248 in the absence of exact measurements and boundaries of the said land.