VENUS ENGINEERING WORKS Vs. KASHIKKUMAR NAGINDAS MODI

JUDGEMENT

(1.) The appellants - original defendants have preferred this second appeal under section 100 of the CPC on the following substantial questions of law:-

(2.) Learned advocate for the appellants places on record additional substantial question of law by way of draft amendment. The same is allowed. The additional question of law is as under:-

(3.) It was the case of the respondent plaintiff before the trial Court that disputed open land of city survey No. 3810 paiki 371.61 sq mtr being the suit property was earlier survey No. 1113A belonged to the ownership of the plaintiff. The suit property with survey Nos. 3805 to 3809 originally belonged to the ownership of one Sundarlal Harjivandas Mapara, Kumudben Manharlal and their family as co-owners. The respondent plaintiff filed Regular Civil Suit No. 91 of 1988 in the Court of learned civil Judge (JD), Pardi for permanent injunction restraining the original defendants from making construction of compound wall on their land and also restraining them from obstructing his possession in respect of the suit property.