RAJPUT VIBHUBHAI JETHABHAI Vs. RIKHAVDAS DHULCHAND SANGHAVI

JUDGEMENT

(1.) This Second Appeal has arisen from the suit brought by the respondents Nos. 1 to 4 against the appellant and Palitana Municipality for a mandatory injunction ordering removal of cabin erected by the appellant on a footpath forming part of a public street in the area known as Chhella Chakala in Palitana.

(2.) While admitting Second Appeal the court had formulated substantial questions of law as under:

(3.) The above-referred to substantial questions of law arise for the consideration of the Court in the background of following facts.