BHARATIDEVI AND OTHERS Vs. KRISHNAKANT AND OTHERS

JUDGEMENT

(1.) This miscellaneous appeal by defendants No.1 to 3 under Order 43 rule 1(u) CPC is directed against the order dated 10/10/2017 passed by First Additional District Judge, Alirajpur in civil appeal No.3A/2017 setting aside the judgment and decree dated 13/05/2017 passed in civil suit No.11A/2016 by the trial Court and made wholesale remand for decision afresh to it.

(2.) Brief facts necessary for disposal of this appeal are to the effect that the plaintiffs own 0.400 hectare land in village Ramsingh Ki Chowki, Tehsil Alirajpur. Earlier, the suit land was falling in survey No.420/02 area 0.404 hectare but, after settlement in the year 1989-90, it was changed to survey No.601 area 0.400 hectare.

(3.) Plaintiffs filed the suit for declaration and injunction inter alia contending that the defendants have encroached upon part of the suit land; 303 feet x 20 feet (34 feet). That apart, without diversion and without approval established a dolomite factory in the name and style of Utsav Mineral in the adjacent area of the plaintiffs. Hence, the instant suit has been filed.