CHANDUBHAI DAHYABHAI BAROT Vs. MAFATBHAI SHANKARBHAI BAROT

JUDGEMENT

(1.) This second appeal under section 100 of the CPC is at the instance of the original plaintiffs and is directed against the judgment and order dated 24th April, 2018 passed by the 2nd Addl. District Judge, Anand in the Regular Civil Appeal No.106 of 2017 arising from the judgment and decree dated 12.05.2016 passed by the 4th (Ad-hoc) Addl. Civil Judge, Petlad in the Regular Civil Suit No.143 of 2003.

(2.) The case of the plaintiff can be gathered from the facts recorded by the Trial Court in its judgment dated 12th May, 2016. The facts are enumerated as under;

(3.) Further it is averred that the forefathers of the Defendant manipulated false documents and out of the knowledge of the plaintiff in the year of 1989 entered their names in the Gram Panchayat Ramol. Thereafter to snatch away the property of the plaintiff in absence of the plaintiff the Defendant started to dig the basement being aggrieved from the action of defendant the present plaintiff filed R.C.S. No.83/98 in the Civil Court Petlad, and prayed for injunction. In the present suit the injunction application vide its Exhibit 5 was rejected by the learned Court and at the time of filing the present suit, RCS 83/98 was pending in the Court.