SAMAST YANTRAMAG VINKAR SAMAJ Vs. VITA MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS second appeal preferred under section-100 of Civil Procedure Code, 1908 is directed against the judgment and decree passed by IInd Extra Assistant Judge, Sangli on 2nd July, 1983 affirming the judgment and decree passed by Civil Judge, Junior Division, Vita on 28th April, 1982 in R. C. Suit No. 114/87 whereby the Courts below have dismissed plaintiffs suit for declaration and injunction.

(2.) THE background facts of this appeal in nutshell are :

(3.) THE Civil Judge, Junior Division, Vita after recording the evidence dismissed plaintiffs suit on 28th April, 1982. Upset by the judgment and decree passed by the trial Court the plaintiffs preferred appeal and the IInd Extra Assistant Judge, Sangli by the judgment and decree dated 2nd April, 1983 dismissed the appeal with costs against the Municipal Council, Vita and affirmed the judgment and decree passed by the trial Court dismissing plaintiffs suit.