JUDGMENT (CAV)

J.B. Pardiwala, J.—This second appeal under section 100 of the CPC, 1908 (for short “the CPC”) is at the instance of the original plaintiffs and is directed against the judgment and order dated 31st May, 2014 passed by the 11th Addl. District Judge, Rajkot in the Regular Civil Appeal No.100 of 2011 by which the lower appellate court dismissed the appeal preferred by the appellants herein thereby affirming the judgment and decree passed by the 7th Addl. Senior Civil Judge, Rajkot dated 19th November, 2011 in the Regular Civil Suit No.665 of 1994, dismissing the suit filed by the appellants herein for declaration and permanent injunction.

2. For the sake of convenience, the appellants herein shall be referred to as the original plaintiffs and the respondents herein shall be referred to as the original defendants.

3. One important aspect that needs to be noted is that the present second appeal has been filed by the original plaintiffs through their power of attorney holder, namely, Shri Naranbhai Jadavbhai Lalakiya.

4. The case of the plaintiffs:—

4.1 The dispute pertains to the immovable property bearing Survey No.11 Paiki, situated at village Vavdi, District: Rajkot, ad