SARIFKHAN SARDARKHAN Vs. KISANSING LALSING

JUDGEMENT

(1.) The appellant original plaintiff has filed this Second Appeal under Section 100 of the Civil Procedure Code challenging the judgment and decree dated 15.10.1982 passed by the learned 2nd Extra Assistant Judge, Ahmedabad (Rural), Narol in Regular Civil Appeal No.152 of 1981 reversing the judgment and decree dated 30.09.1981 passed by the learned 2nd Joint Civil Judge (S.D.), Ahmedabad (Rural), Narol in Regular Civil Suit No.902 of 1980 restraining the present respondents original defendants from entering into any portion of the suit plot and from putting Galla / Cabin in the suit plot.

(2.) This Second Appeal was admitted by the Court and following substantial questions of law were formulated for the determination and consideration of this Court :-

(3.) It is the case of the appellant before the Trial Court that the respondent Nos.1,2 & 3 threatened to put up their Gallas over the plot in question and, therefore, the suit was filed praying an order restraining them from executing such threatened action. Along with the plaint, the appellant has also filed interim stay application Exh.5 in the suit proceedings, requesting for an interim injunction in terms of the prayer in the suit, namely, restraining defendant Nos.1 & 2 from entering the suit plot and from putting up their Galla on or upon the same. The learned Trial Judge has granted ad-interim relief and the same was continued till the final disposal of the suit. The said suit was allowed by the learned Trial Judge after recording evidence and documents produced before him and he held that the appellant plaintiff was in possession of the suit plot and consequently, respondent Nos.1 to 3 were prevented by the decree of the Court from putting up any Gallas upon the suit plot.