MANUBHAI BHAICHANDDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Counsel Mr. Mehul S. Shah with Mr.Yatin Soni, learned advocate for the Appellants and learned Additional Advocate General Mr.P.K. Jani with Ms. Ritu Guru, learned Assistant Government Pleader for the Respondent/s. Perused the record of Second Appeal as well as Record & Proceedings of trial Court as well as appellate Court.

(2.) The Appellants herein are original Plaintiffs before the Civil Judge (Senior Division) of Banaskantha @ Palanpur in Regular Civil Suit No.79 of 1993. Such suit was decreed by judgment and order dated 31.7.1999 in following terms;

(3.) Thereby, when relief was granted in terms of paragraph 8(1) and 8(2) in favour of the plaintiffs, reference to such prayer clause in the plaint is material to be referred and recollected here. Perusal of plaint at Exh.1 confirms that in paragraph 8(1), the Appellants - Plaintiffs have prayed for permanent injunction against the Respondent for restraining the Plaintiffs from excavating the land bearing survey Nos.51/1 and 51/2 admeasuring 4 Hectares and 55 RA, for which lease was granted in favour of the plaintiffs and also to restrain the Respondents from taking away the excavated material/stones in truck and also to restrain the Respondents from seizing all such material and vehicles.