MEMAN HAJRABEN ABDUL GAFFAR Vs. VORA JABIRBHAI USMANBHAI

JUDGEMENT

(1.) The present Second Appeal under Sec. 100 of the Code of Civil Procedure 1908 has been directed against the judgment and decree dtd. 17/2/2022 dismissing the Regular Civil Appeal No.20 of 2021 (old Regular Civil Appeal No.40 of 2019) by the learned Additional District Judge, Bodeli whereby the learned Additional District Judge, Bodeli was pleased to confirm the judgment and order dtd. 31/12/2015 passed by the learned Principal Civil Judge, Nasvadi in Regular Civil Suit No.39 of 2011 (old Regular Civil Suit No.94 of 2008).

(2.) The appellants herein are the original plaintiffs who are residing in the suit property. It is the case of the plaintiffs that the defendants have constructed cabins in the adjacent land illegally and have encroached the said land since no permission has been taken from the Gram Panchayat. Therefore, the appellants - original plaintiffs have filed the Regular Civil Suit No.39 of 2011 (old Regular Civil Suit No.94 of 2008). The learned Principal Civil Judge, Nasvadi after evidence being adduced on record by the parties and having heard the learned advocates for both the parties was pleased to dismiss the said suit. Being aggrieved, the appellants - original plaintiffs preferred the Regular Civil Appeal No.20 of 2021 (old Regular Civil Appeal No.40 of 2019) before the learned District Court, Chhotaudepur. After hearing the learned advocates for both the sides, the learned Additional District Judge, Bodeli was also pleased to rejected the said Regular Civil Appeal. Hence, the present Second Appeal.

(3.) It is mainly contended by Mr.Arshad Shaikh, learned advocate for the appellants that the appellants - original plaintiffs are residing in the suit property and the respondents are the encroachers on the adjacent land as they have not obtained any permission from the Gram Panchayat and made the construction of cabins. He further submitted that both the courts below have erred in not properly considering and appreciating the documents produced by the appellants. Lastly, he urged this Court to allow the present Second Appeal.