ABBASMIYA ZINAMIYA Vs. AAZMMIYA MAHAMADMIYA

JUDGEMENT

(1.) MS . Varsha Brahmbhatt, learned counsel for the appellant, Shri Z.F. Bharda, learned counsel for the respondents.

(2.) ON 22.11.2006, this Court had issued notice to other side to show cause that why appeal be not admitted for hearing the parties on the proposed question and be not finally disposed of at the first hearing. The respondents are represented through Shri Bharda. The appeal is admitted for hearing the parties on the following substantial question of law.

(3.) THE short facts necessary for disposal of the present appeal are that the present appellant had filed the suit for permanent injunction without seeking any relief for declaration. It was submitted by the appellant that the present respondents -defendants had made certain encroachment upon the land and therefore, they were required to be restrained. The trial court issued notice to the other side and after securing attendance of the present respondents, proceeded with the matter. The defendants, in their turn, submitted that they had not made any encroachment upon the land of the plaintiff, rather the plaintiff had made certain encroachment. They further prayed for dismissal of the suit.