HUSEINSAHAB SARFULLA SAIYAD & 2 Vs. MOHAMMED HANIF AHMED BADAT THROUGH POA ABDU SAMAD MOHMMED & 3

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India is filed with a restricted challenge to the order dated 11.05.2012 passed by the learned Principal District Judge, Surat below Exh:22 in Misc. Civil Appeal No. 86 of 2011,

(2.) whereby the plaintiffs are directed to deposit Rs. 5,00,000/ - in the Court within 60 days from the date of the order in lieu of building material of first, second and third floor removed by them. On 24.07.2012, this Court passed the following order:

(3.) THE above order is contrary to powers to be exercised by the appellate Court while reversing the findings and reasoning of the Lower Court arrived on the basis of appreciation of material on record which cannot be said to be perverse or per se illegal.