AJITBHAI CHIMANBHAI SHAH Vs. SHARMISTHABEN

JUDGEMENT

(1.) THIS appeal challenges the judgement and order dated 25.6.1990 passed by the learned District Judge, Panchmahals, dismissing the appeal preferred by the appellants herein. While admitting the appeal, the Court had formulated two substantial questions of law.

(2.) IN the present case, the appellants had preferred the appeal before the Appellate Court against the judgement and decree passed by the learned Civil Judge (S.D.), at Godhra in Regular Civil Suit No.134 of 1980, whereby he had decreed the suit filed by the respondent No.1 plaintiff and restrained the appellants herein from disturbing the possession of the plaintiffs and had also ordered the appellants to remove the encroachment made by them in the suit land within three months from the date of the order and had further directed that if they fail to remove their encroachment, then the plaintiff is at liberty to remove the encroachment with the assistance of the Court.

(3.) MR. A. J. Patel, learned advocate for the appellants has on instructions of the appellants stated before the Court that the appellants have no interest in the suit land, viz., plot No.41 and that, they have no interest in making any construction over the suit land and that they would be making construction only on the plot owned by the appellants, that is, plot No.43, Ms. Tejal Vashi, learned advocate for MR. V. H. Desai, learned advocate for the defendant No.1 states that in that case, she does not raise any issue in this regard.