JUDGMENT :

1. This Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (‘CPC’ for short) being aggrieved by the judgment and order passed by the learned Additional District Judge, Sabarkantha at Himmatnagar dated 16.10.2023 in Regular Civil Appeal No.15 of 2014, by which the learned District Court has allowed the appeal filed by the respondent nos.1 and 2 and has quashed and set aside the judgment and order dated 5.5.2014 passed by the learned Principal Senior Civil Judge, Himmatnagar in Regular Civil Suit No.76 of 2011.

2. The brief facts leading to filing of this appeal, as stated in the memo of the appeal, are such that the appellant filed the Regular Civil Suit No.76 of 2011 for declaration and permanent injunction before the learned Principal Senior Civil Judge, Himmatnagar stating that the appellant is occupying and cultivating an agricultural land bearing survey no.363 situated at village Deharota jointly with other family members; that the respondent nos.1 and 2 who are original defendant nos.2 and 3 are holding the agricultural lands bearing survey numbers 360 and 364 in the same village; that the said respondents had never passed through the northe