J.B. PARDIWALA, J.

1. This second appeal under section 100 of the CPC is at the instance of the original plaintiff and is directed against the judgment and order dated 7th May, 2016 passed by the 2nd Addl. District Judge, Kheda at Nadiad in the Regular Civil Appeal No. 10 of 2012 arising from the judgment and decree dated 31st January, 2012 passed by the Principal Civil Judge, Mahuda in the Regular Civil Suit No. 46 of 2010 which was earlier numbered as the Regular Civil Suit No. 208 of 2006.

2. The appellant herein-original plaintiff filed a suit for injunction simpliciter with respect to the suit property. It is the case of the appellant herein that by virtue of partition of the suit properties, he is in possession of the suit land. According to him, a partition deed was executed between the parties dated 28th May, 1999. It is also his case that an entry bearing No. 660 came to be mutated in the record of rights with regard to the partition of the suit properties. He had to prefer a suit for injunction as the other side tried to interfere and disturb his settled possession. The respondent herein-original defendant appeared in the suit by filing his written statement. He d