JUDGMENT :

1. Being aggrieved and dissatisfied with the judgment and order dated 30.4.2005 passed by the learned Joint District Judge, 4th Fast Track Court, Navsari in Regular Civil Appeal No.15 of 2004, whereby the judgment and order dated 20.12.2003 passed by the 2nd Joint Civil Judge (J.D.), Navsari in Regular Civil Suit No.82 of 1997 New No. Regular Civil Suit No. 124 of 2002 is quashed and set aside, the appellants have filed the present Appeal.

2. Heard learned Counsels appearing for the respective parties. I have perused the judgment and order passed by both the Courts below and also taken into account the material placed on record of the appeal.

3. The First Appellate Court has to apply its mind independently and frame the issues appropriately and independently. The provisions of Order 41 of C.P.C. provides that how the Appellate Court has to deal with the Appeal under Section 96 of the Code and the procedure is to be followed as per Order 41 of C.P.C.

4. In the recent judgment of the Hon’ble Apex Court in case of K. Karuppuraj vs M. Ganesan reported in 2021 (10) SCC 777, the Hon’ble Apex Court has held that while deciding the First Appeal, compliance of Order 41 Rule 31 of C.P