NARENDRAKUMAR CHANDULAL Vs. CHANCHALGAURI RAMANLAL

JUDGEMENT

(1.) . This appeal is filed against the judgment and decree passed by the City Civil Court Ahmedabad in Civil Suit No. 1157 of 1974.

(2.) The suit was filed by the respondents-plaintiffs for a permanent injunction restraining original defendants who are appellants in this appeal from selling transferring or dealing with in any manner the suit plot which according to them was of their co-ownership and was reser- ved for the benefit of all the co-owners. The defendants claim that they are owners or in any case by adverse possession have become owners of the suit plot. Various issues were raised by the trial Court; and one of the issues was whether the suit was bad for non-joinder or mis-joinder of parties ? The trial Court held in favour of the plaintiffs on merits but then held that the suit was bad for non-joinder of necessary parties and hence dismissed the suit. Though the suit was dismissed because of adverse findings on merits the defendants have filed this appeal. As the respondents-plaintiffs were also aggrieved by certain findings recorded by the trial Court they have also filed cross-objections.

(3.) The first question which arises for consideration in this appeal is whether the appeal filed by the defendants is competent ? Plaintiffs suit having been dismissed no decree has been passed against the defen- dants. The findings recorded in favour of the plaintiffs are not likely to operate as res judicata and affect the defendants adversely in a future litigation. For these reasons Mr. G. D. Bhatt conceded that there being nothing to appeal about there can be no appeal and the present appeal is thus not competent. In view of the facts of this case and the conce- ssion made by the learned advocate for the appellants I hold that the appeal is incompetent and not maintainable.