ORDER :

1. When the matter is called out twice, learned counsel appearing for the respondent is not present. Since the appeal is of the year 2005, the matter is taken up for final hearing.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.12.2004 passed by the learned Joint District Judge, 6th Fast Track Court, Panchmahal at Godhra in Regular Civil Appeal No.65 of 2004, whereby the learned Judge has confirmed the judgment and decree dated 28.02.2001 passed by the learned 4th Joint Civil Judge (S.D.), Godhra in Regular Civil Suit No.465 of 2000, the appellants – State Authorities have preferred the present second appeal.

3. Learned Assistant Government Pleader appearing for the appellants has submitted that the First Appellate Court has not properly determined the substantial questions of law and submitted that the appeal deserves to be allowed.

4. Considering the facts of the case and materials place on record, it appears that the First Appellate Court has not framed any substantial questions of law. I have also perused the impugned judgment and order passed by the Courts below. In my opinion, under Order 41 Rule 31 of the Civil Procedure Code (hereina