(1.) ADMIT. Ms.Megha Chitalia, learned Assistant Government Pleader waives the service of notice of admission of the appeal for and on behalf of the respondents State.
(2.) Present Second Appeal under Sec. 100 of the Code of Civil Procedure has been preferred by the appellants - original appellants / plaintiffs against the judgement and decree dtd. 15/04/2017 passed by the 4 th Additional District Judge, Junagadh in Regular Civil Appeal No.42 of 2017, by which the learned first appellate court dismissed the appeal confirming the judgement and decree dtd. 15/04/2017 passed by the learned 3rd Additional Senior Civil Judge, Junagadh in Regular Civil Suit No.255 of 2012, by which the learned Civil Judge dismissed the suit.
(3.) The appellate Court framed the following Issues :-