ORDER :

1. ADMIT. Ms.Megha Chitalia, learned Assistant Government Pleader waives the service of notice of admission of the appeal for and on behalf of the respondents State.

2. Present Second Appeal under section 100 of the Code of Civil Procedure has been preferred by the appellants – original appellants/plaintiffs against the judgement and decree dated 15/04/2017 passed by the 4th Additional District Judge, Junagadh in Regular Civil Appeal No.42 of 2017, by which the learned first appellate court dismissed the appeal confirming the judgement and decree dated 15/04/2017 passed by the learned 3rd Additional Senior Civil Judge, Junagadh in Regular Civil Suit No.255 of 2012, by which the learned Civil Judge dismissed the suit.

3. The appellate Court framed the following Issues :-

“(1) Whether the appellants establish that the judgement delivered by the Learned Trial Court is illegal, unjust and against the settled position of law and require interference by this Court?

(2) What Order?”

3. Heard Mr.Digant Kakkad, learned advocate for the appellant and Ms.Megha Chitalia, learned advocate for the respondents – State.

4. Mr.Kakkad, learned advocate for the appellants has vehemently submi