PRAFUL VASANI Vs. MOHAMMED YUNUS KHAN

JUDGEMENT

(1.) Heard the Counsel appearing for the appellants. On 29th November, 2007, a notice for final disposal at the admission stage was issued to the respondents. The office noting shows that the respondent No.3 is represented by an Advocate and the respondent No.1(f) and 2 are duly served. Moreover, there is an affidavit of service filed by the Advocate for the appellants stating therein that the respondent Nos.1(a) to 1(e) have been served with the private notice. In view of statement in the affidavit of service, the Appeal is taken up for final disposal.

(2.) The appellants are the original defendant Nos.3 and 4. The respondent Nos.1(a) to 1(k) are the legal representatives of the original plaintiffs. The challenge in this Appeal is to the judgment and decree dated 11th April, 2002 passed by the Trial Court. By the impugned judgment and decree, a decree of perpetual injunction has been passed against the appellants. The decree has been passed under Rule 10 of Order VIII of the Code of Civil Procedure, 1908 (hereinafter referred to as "the said Code").

(3.) The submission of the learned Counsel appearing for the appellants is that no reasons have been recorded for passing a decree. It is submitted that under Rule 10 of Order VIII of the said Code, the Trial Court is required to consider the merits of the case made out by the plaintiffs and has to pronounce a judgment. It is submitted that as the decree has been passed without considering the merits of the case made out by the plaintiffs, the same deserves to be quashed and set aside.