( 1 ) RULE Mr. Kamal Mehta, learned AGP waives service of Rule for respondents No. 1 and 2. Respondent No. 3 is ordered to be deleted. With the consent of the learned advocates appearing for the parties, the matter is finally heard and decided.

( 2 ) THE petitioners- original plaintiffs are aggrieved by concurrent judgments and orders of two courts below at interlocutory stage, the two courts have refused to grant injuction in terms of prayer contained in Exhibit-5 of Regular Civil Suit No. 177 of 1993. The plaintiffs sued for declaration and permanent injuntion inter alia contending that they were the owners and occupiers of agricultural lands bearing Survey Number 8, 111; 114, 115, 116, 109, 108 and 165 situated at the outskirts of village Vasana. It was their case that there was already an existing road from village Vasana to Kadodra which was situated on the western side of the aforesaid parcels of land. It was their case that however the Executive Engineer and the State of Gujarat wanted to lay another road with a view to obliging defendant No. 3 and the new proposed road was likely to affect the agricultural lands of the plaintiffs and that without their consen