BARODA MUNICIPAL CORPORATION Vs. GUJARAT TRADERS

JUDGEMENT

(1.) By this appeal the appellant-Baroda Municipal Corporation has assailed the judgment and decree passed by the learned Assistant Judge Baroda on 8 in Regular Civil Appeal No. 221 of 1976 by invoking the aids of Section 100 of the Civil Procedure Code 1908 ('Code for short hereinafter). A resume of the material facts giving rise to the present Second Appeal may be narrated at the outset so as to appreciate the rival versions propounded before this Court in this appeal.

(2.) The present appellant is the original defendant and the present respondents are the original plaintiffs who are hereinafter referred to as the 'plaintiffs and 'defendant for the sake of convenience The plaintiffs initiated a legal battle by filing Regular Civil Suit No. 667 of 1969 in the Court of the learned Civil Judge (J.D.) at Baroda for a perpetual injunction against the decision of the defendant-Corporation to close the road in question for heavy vehicles.

(3.) The plaintiffs are registered partnership firms and dealing with iron goods and hardware materials. They have their godowns in an area known as Lakkad-pitha. Plaintiff No. 1 has three open plots which are taken on lease. Plaintiff No. 2 has two plots adjacent to the main road of Lakkad-pitha on the southern side. Thus the plaintiffs are storing their hardware materials in the said open plots. According to the plaintiffs it is a commercial locality and meant for business. The plaintiffs are loading and unloading garders iron pipes and other hardware materials in the said godowns with the help of trucks. The plaintiffs challenged the action of the defendant Corporation of closing the road where their godowns are situated for the purpose of heavy vehicles. The defendant- Corporation exercising statutory powers has placed sign-boards on the Lakkad-pitha area indicating that heavy vehicles should not pass on that road. This was done on 24/12/1968. The road where the plaintiffs are doing their business is west to east and the said road meets with Madan Zampa road. Thus the road starting from Lakkad-pitha goes from west to east and ends at Madan Zampa road. This road is hereinafter referred to as 'the disputed road.