STATE OF GUJARAT Vs. RASIKLAL HIRALAL SAINI (ABET)

JUDGEMENT

(1.) This second appeal under section 100 of the CPC is at the instance of the original defendants and is directed against the judgment and order dated 15th November, 2013 passed by the 3rd Addl. District Judge, Deesa in the Regular Civil Appeal No.6 of 2010 arising from the judgment and decree passed by the Principal Senior Civil Judge, Deesa in the Regular Civil Suit No.104 of 2003.

(2.) The respondents herein-original-plaintiffs preferred the Regular Civil Suit No.104 of 2003 in the court of the Civil Judge (SD) at Deesa for declaration, permanent injunction and for compensation of Rs.25,000/-. Having regard to the peculiar facts of this case, I deem fit to reproduce the entire plaint along with the reliefs prayed for in the suit.

(3.) Thus, it appears that the Mamlatdar passed an order in favour of the respondents-original plaintiffs in exercise of his powers under section 4(1)(c) of the Gujarat Devasthan Inam Abolition Act, 1969 dated 30th June, 1992. The Mamlatdar declared the respondents herein- original plaintiffs to be the inferior holders of the land in question. It also appears that in the proceedings before the Mamlatdar, the plaintiff No.1- Rasiklal Hiralal Saini and his heirs were before the Mamlatdar.