SHANTABEN RAMAJI MERAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Second Appeal is filed by the original plaintiffs and is directed against the judgment and decree passed by the 9th Additional District Judge, Ahmedabad (Rural) dated 29.09.2018 in Regular Civil Appeal No.26 of 2017, whereby the Appellate Court below has rejected the appeal filed by the original plaintiffs. The plaintiffs had approached the Trial Court [the Senior Civil Judge, Ahmedabad (Rural)] by filing Regular Civil Suit No.392 of 2010 for declaration and permanent injunction. The 4th Additional Senior Civil Judge, Ahmedabad (Rural), partly allowed the suit of the plaintiffs vide judgment and decree dated 22.02.2017, restraining the defendants from disturbing the possession of the plaintiffs over the suit property and further granting permanent injunction restraining the defendants from entering in the suit property and further 3restraining them from taking the possession of the suit property from the plaintiffs and also restraining them from allotting the suit property to any third party. The Trial Court however did not grant the declaration qua the ownership of the plaintiffs over the suit property, as prayed for. The original plaintiffs therefore filed appeal before the District Court, to the extent the suit was dismissed. There was no appeal by the original defendants challenging the decree of the Trial Court, to the extent the suit was allowed. The 9th Additional District Judge, Ahmedabad (Rural) dismissed the said appeal being Regular Civil Appeal No.26 of 2017 vide judgment and decree 29.09.2018. It is this judgment and decree which is under challenge by the original plaintiffs in this appeal.

(2.) This appeal was admitted by this Court (Coram : Hon'ble Mr.Justice B.N.Karia) vide order dated 01.05.2019. While admitting this appeal, the following substantial questions of law were framed by the Court.

(3.) Heard Mr.Mehul S. Shah, learned senior advocate for the appellants (original plaintiffs) and Mr.Swapneshwar Goutam, learned Assistant Government Pleader for the respondent - State Authorities (original defendants).