HARJIBHAI JASMATBHAI GOTI Vs. GUNVANTBHAI DAYABHAI MALI

JUDGEMENT

(1.) The appellant herein is the original plaintiff who succeeded in his suit before the trial court. The learned Civil Judge, Gadhada, while allowing the suit of the plaintiff being Regular Civil Suit No.129 of 2001, passed the judgment and decree dated 21.08.2009, directing the defendant to reinstate pipeline of the plaintiff at his own cost, which was, as stated, broken down by the defendant. On appeal being preferred by the defendant, the First Appellate Court allowed the appeal and set aside the judgment and decree of the trial court.

(2.) The aforesaid judgment and order of the First Appellate Court dated 15.03.2013 passed in Regular Civil Appeal No.79 of 2009 is put under challenge in this Second Appeal.

(3.) Regular Civil Suit instituted by the appellant-plaintiff prayed for permanent injunction against the defendant. It was prayed that the defendant be permanently restrained from removing the pipeline laid by the plaintiff in land survey No.638/1. It was further prayed to restrain the defendant from taking water from the well. That was only and specific prayer in the suit. The case in the plaint pleaded by the plaintiff was that the Mamlatdar had sanctioned laying of pipeline on 31.01995 for taking water from the well. It was the case that the defendant was threatening to remove the pipeline and further threatening to cause damage to the pipeline. On such facts pleaded and on such cause of action stated, prayer for permanent injunction was made in the suit.