JUDGMENT

1. This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) questions the legality and propriety of the judgment dated 23.12.2005 passed by the Joint District Judge & Fast Track Court No.12, Vadodara in Civil Appeal No.86 of 2004, by which the learned first appellate Court reversed the judgment and decree dated 01.10.2003 passed in Regular Civil Suit No.339 of 1986 and dismissed the suit of the plaintiff.

2. For the sake of brevity, parties are referred to as per their original status before the learned trial Court.

3. The factual aspects in a nutshell are as under:-

3.1 Plaintiff - Pirzada Saiyed Bahauddin B. Kadri filed suit for declaration and permanent injunction against the State of Gujarat claiming relief to declare that notice dated 04.02.1996 issued by the Collector, Vadodara, bearing No.DEV/VASHI/328/86 as null and void, with the permanent injunction that the State Government may not restrain the plaintiff from carrying out religious and burial activities in the property of Danteshwar Hajira @Bada Hajira situated in land of Survey Nos.322/1 and 322/2 of Pratapnagar, Danteshwar, Vadodara (for short ‘suit lan