( 1 ) ADMIT. Mr. Vimal Patel, learned advocate waives service of notice of admission on behalf of respondent no. 1 who is the main contesting party. Paper book and printing is dispensed with.

( 2 ) IN the facts and circumstances of the case and with the consent of the learned Advocates appearing for the respective parties the appeal is taken up for final hearing today.

( 3 ) PRESENT Second Appeal under section 100 of the Code of Civil procedure has been preferred by the appellants - original defendants No. l and 6 to quash and set aside the impugned judgment and order dated 31. 1. 2008 passed by the learned presiding Officer, 1st Fast Track Court. Mahesana in Regular Civil Appeal no. 13 of 2003 dismissing the same and confirming the judgment and decree dated 31. 3. 2003 passed by the learned trial Court passed in Regular Civil Suit no. 188 of 1996.

( 4 ) BEING aggrieved and dissatisfied with the judgment and decree passed by the learned Civil Judge (J. D. ). Kadi passed in Regular Civil Suit No. 188 of 1996, the appellants herein - original defendants No. l and 6 preferred regular Civil. Appeal No. 13 of 2003 before the District Court Mahesana under Order 41 Rule 31 o