KULJIBEN JIVRAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Second Appeal is directed against the judgement and decree dated 22.11.1991 passed by the Assistant Judge, Bhavnagar (hereinafter referred to as "the Appellate Court") in Civil Appeal No.234 of 1983 filed by the appellants (original defendants), arising out of the judgement and decree dated 12.9.1983 passed by the Civil Judge (Sr. Division), Bhavnagar (hereinafter referred to as "the trial Court") in Regular Civil Suit No.110 of 1978 filed by the respondent Nos.3 to 11 (original plaintiffs).

(2.) The short facts giving rise to the present appeal are that the respondent Nos.3 to 11 (original plaintiffs) had filed the suit against one Koli Jivraj Hamirbhai, predecessor of the present appellants (original defendant No.2) and against the respondent Nos.1 and 2 (original defendant Nos.1 and 3), seeking declaration that the impugned order passed by the defendant No.1 i.e. the Special Secretary, Revenue Department, dated 28th October, 1977 in SSRDV No.42 of 1976 was null and void and without jurisdiction, and seeking permanent injunction restraining the defendant No.1 from re-auctioning the agricultural land bearing Survey No.79 paiki admeasuring 20 acres 32 gunthas situated in the Sim of Village Botad, by way of public auction.

(3.) The respondent Nos.3 to 11 (original plaintiffs), being aggrieved by the said order dated 28th October, 1977 passed by the respondent No.1 - defendant No.1 had filed the suit being Regular Civil Suit No.110 of 1978, which came to be decreed by the trial Court. Being aggrieved by the said judgement and decree, the appellants had filed Regular Civil Appeal No.234 of 1983 and the State of Gujarat had filed Regular Civil Appeal No.74 of 1984. The appellate Court vide the impugned judgement and decree dated 22.11.1991 dismissed both the appeals. The appellants, therefore, have preferred the present appeal against the judgement and decree passed in Regular Civil Appeal No.234 of 1983.