VIKAS CHARITABLE SOCIETY Vs. CHAMPAKLAL MAGANLAL PARMAR

JUDGEMENT

(1.) RULE . Mr. Nirzar S.Desai, learned advocate, waives service of notice of Rule for respondent No.1 and Mr. Dipak R.Dave, learned advocate, waives service of notice of Rule for respondent No.2.

(2.) THIS petition under Articles 226 and 227 of the Constitution of India has been preferred, inter alia, laying challenge to the judgment and order dated 12 - 2nd 10 -2013, passed by the learned Addl. District Judge, Bhavnagar ("the Appellate Court"), whereby Misc.Civil Appeals Nos.76 and 77 of 2013 have been dismissed, while confirming the impugned order dated 17 -8 -2013, passed by the learned 7th Addl. Senior Civil Judge, Bhavnagar ("the Trial Court"), below the application at Exh.5,in Regular Civil Suit No.296 of 2012.

(3.) MR .B.T.Rao, learned advocate for the petitioner has addressed the court at length. His submissions are briefly summarised herein -below: