LAWS(GJH)-2024-4-187

AHER KARSHANBHAI VASANBHAI JALU Vs. BHIKHABHAI ANANDBHAI SAVALIYA

Decided On April 04, 2024
Aher Karshanbhai Vasanbhai Jalu Appellant
V/S
Bhikhabhai Anandbhai Savaliya Respondents

JUDGEMENT

(1.) This second appeal, under Sec. 100 of the Code of Civil Procedure, 1908, filed by the appellants - original plaintiffs, arises from the impugned judgment and decree dtd. 10/5/2019 passed by the learned Additional District Judge, Rajkot at Dhoraji in Regular Civil Appeal No.6 of 2019, confirming the judgment and decree dtd. 7/8/2018 passed by the learned Additional Senior Civil Judge, Dhoraji in Regular Civil Suit No.1 of 2015 dismissing the suit.

(2.) The brief facts of the present case are as under :

(3.) Learned advocate Ms. Heta Panchal for the appellants has submitted that the plaintiffs have primarily prayed for the permanent injunction qua and against defendants No.1.1 to 1.4, who are private persons and therefore, the rejection of the prayers and claim of the plaintiffs for the non-issuance of the statutory notice under Sec. 80 of the CPC is contrary to the provisions of law.