RAVJIBHAI BHIKHABHAI GOHIL Vs. KHANPUR GRAN PANCHAYAT

JUDGEMENT

(1.) THE present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants- original plaintiffs to quash and set aside the impugned judgment and decree dated 30/08/2011 passed by the learned trial Court-learned 9th Additional Senior Civil Judge, Vadodara in Regular Civil Suit No. 803/1998 by which the learned trial Court has dismissed the said suit preferred by the appellants-original plaintiffs as well as the impugned judgment and order passed by the learned appellate Court-learned 3 rd Additional District Judge, Vadodara dated 13/03/2012 in Regular Civil Appeal No. 111/2011 by which the learned appellate Court has dismissed the said appeal confirming the judgment and decree passed by the learned trial Court dismissing the suit.

(2.) THE appellants-original plaintiffs instituted Regular Civil Suit No. 803/1998 before the learned trial Court against the respondents-original defendants for declaration and permanent injunction to declare that the respondents-original defendants have no authority and/or jurisdiction to remove the construction/houses constructed by the applicant-original plaintiffs, being house no. 136 and 137 situated at Survey No. 141 at Khanpur, treating the same as encroachment. It appears that as such the Panchayat issued notice under Section 105 of the Gujarat Panchayat Act to remove the construction and the encroachment on the disputed property/land in question submitting that the appellants- original plaintiffs have put up illegal construction and they have encroached upon the Panchayat land. Having served with the notice the appellants-original plaintiffs instituted the aforesaid suit for the reliefs submitting that the notice dated 25/06/1998 issued by the Panchayat is not legal and valid. The suit was resisted by the respondents-original defendants by filing the written statement submitting that the suit instituted by the appellants-original plaintiffs, without issuing notice under Section 270 of the Gujarat Panchayat Act, is not maintainable. It was also submitted that as such the appellants-original plaintiffs have put up construction illegally and they have encroached upon the land belonging to the Panchayat and, therefore, it was requested to dismiss the suit. The learned trial Court, after framing the issues and considering the evidence on record, dismissed the suit vide judgment and decree dated 30/08/2011 on merits by holding that the suit instituted by the appellants-original plaintiffs, without serving the statutory notice under Section 270 of the Gujarat Panchayat Act, is not maintainable. Being aggrieved and dissatisfied with the impugned judgment and decree passed by the learned 9th Additional Senior Civil Judge, Vaodara dated 30/08/2011 in Regular Civil Suit No. 803/1998 in dismissing the suit the appellants-original plaintiffs preferred Regular Civil Appeal No. 111/2011 and the learned appellate Court vide impugned judgment and order dated 13/03/2012 has dismissed the said appeal confirming the judgment and decree passed by the learned trial Court dismissing the suit. Being aggrieved and dissatisfied with the impugned judgment and orders passed by both the Courts below the appellants- original plaintiffs have preferred the present Second Appeal under Section 100 of the Code of Civil Procedure.

(3.) IN view of the above and for the reasons stated hereinabove, there is no substance in the present Second Appeal, which deserves to be dismissed and is accordingly dismissed.