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SANDEEP N. BHATT
Polubha Popatbha Sarvaiya – Appellant
Versus
Bhavnagar Mahanagarpalika Served To Commissioner – Respondent
ORDER :
1. By way of the present appeal, the appellant has prayed to quash and set aside the impugned judgment and decree passed by learned 2nd Additional District Judge, Bhavnagar in Regular Civil Appeal No.87 of 2007 dated 03.11.2021 and further prayed to quash and set aside the judgment and decree passed by the learned 4th Additional Senior Civil Judge, Bhavnagar in Regular Civil Suit No.421 of 1990 dated 29.09.2007.
2. Brief facts of the case are as under:
2.1 The plaintiff is owner, occupier and possessor of cabin situated at Bhavnagar- Rajkot Road, 25 Ft. away from Corner road of RTO Office, Bhavnagar which are having wheels and sheets. That the plaintiff is carrying out his business of selling pan, bidi etc, since last 8 to 10 years in the said lari and thereby maintaining his family. That due to the business of the plaintiff, the same is not obstructer either to traffic or any other. That the plaintiff had carried out proceedings for regularizing the said cabin - which is in progress and also applied for electric connection and Bhavnagar Mahanagarpalika had issued certificate to that effect dated 17.05.1987.
2.2 The proceedings came to be initiated for removal of the cabins, ho
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