UNION OF Vs. NALINIBEN RAMNIKLAL KOTAK

JUDGEMENT

(1.) HEARD Mr.Kalpesh N. Shastri, learned Additional Central Government Counsel, appearing for the appellants - Postal Authorities and Mr.Mitul K. Shelat, learned advocate for the Respondent -the Original Plaintiff.

(2.) THIS Second Appeal, under Section 100 of the Code of Civil Procedure, 1908, is filed by the appellants Postal Authorities the original defendants, against the concurrent findings of both the Courts below, to the effect that, the plaintiff is legally entitled to recover the possession of the suit property, on more than one count.

(3.) THE brief facts as emerging from record are to the effect that the present respondent is the owner of the suit property which is a residential property, of two flats, in Jamnagar City. The Post Office functions there. The respondent filed a Civil Suit being Regular Civil Suit No.336 of 1999 in the Court of Principal Senior Civil Judge, Jamnagar, claiming possession of the suit property from the Post Department. The Civil Suit was initially dismissed by the judgment and order of the Trial Court dated 30.10.2010, against which the Regular Civil Appeal No.128 of 2010 was filed in the District Court, Jamnagar. On the basis of evidence on record, the Appellant Court below, found that, the Trial Court had not considered the evidence on record properly, and detailed reasoning was required and the Appellate Court below, vide order dated 11.06.2012 ordered to remand back the matter to the Trial Court for fresh consideration. The said order dated 11.06.2012 by which, the matter was remanded back to the Trial Court is not challenged and it has attained the finality.