ORDER :

1. Heard learned Advocate Mr. D.M. Devnani with learned Advocate Ms. Janaki Bhatt on behalf of the appellant and learned Advocate Mr. A.K. Clerk on behalf of the opponents no. 1.1 and 1.2.

2. At this stage, it would be relevant to mention that opponents no. 2 to 46 who were original defendants in the Civil Suit though have been joined as party respondents in the first appeal and whereas, in spite of service, either they have not engaged a learned Advocate and in some case as in case of respondent no. 13, the said respondent is stated to have expired, yet, in spite of the said position, more particularly, in view of the final decision which would be taken by this Court, this Court deems it expedient to hear the first appeal even in absence of anyone appearing on behalf of the private respondents or in absence of legal heirs of those private respondents who have unfortunately expired in the interregnum.

3. By way of this appeal the appellant has assailed judgment and order passed by the learned Court no. 13 City Civil Court, Ahmedabad in Civil Suit No. 63 of 1995 dated 31.03.2003. Learned City Civil Court vide the impugned judgment and order had inter alia declared that the plai