1. The present appeal is directed against the order dated 15.01.2014 passed by the learned Additional District Judge No.5, Udaipur in Civil Appeal No.26/2013 – Shri Chunni Lal Paneri & Anr. Vs. Shri Sarpanch, Gram Panchayat, Bedla, Tehsil Badgaon, District Udaipur, allowing the appeal of the plaintiff against the Gram Panchayat, Bedla, Tehsil Badgaon, District Udaipur, holding that the reply to the notice S.B. Civil Misc.Appeal No.397/2014 The Sarpanch, Gram Panchayat Bedla, Tehsil Badgaon, District Udaipur Vs. Sh.Chunni Lal Paneri & Anr. Judgment, Wednesday, 06.01.2016. 2 of 7 given by the Gram Panchayat in connection with the construction sought to be raised by the plaintiff, could be construed as notice under Section 109 of the Rajasthan Panchayati Raj Act, 1994 and the present suit having been filed after expiry of two months period after such reply, was not hit by the bar of the provisions of Section 109 of the Act of 1994 and the suit was maintainable, and therefore, the learned appellate court remanded the case back to the learned trial court of Civil Judge (Junior Division), City South, Udaipur, setting aside its order dated 13.09.2013 of the learned trial court wi