1.00. Present Second Appeal under section 100 of the Code of Civil Procedure has been preferred by the appellants - original plaintiffs to quash and set aside the impugned Judgement and Order passed by the learned appellate court - Additional District Judge, Mehsana in Regular Civil Appeal No. 29 of 2008 dtd.10/4/2012 as well as the judgement and decree passed by the learned trial court - 5th Additional Senior Civil Judge, Mehsana Regular Civil Suit No.295 of 1998 dtd.22/8/2008, by which the learned trial court dismissed the suit and refused to grant declaration and permanent injunction as prayed for.
2.00. Mr.S.M.
Gohil, learned advocate appearing on behalf of the appellants herein
- original plaintiffs and Mr.A.V. Vyas, learned advocate has appeared on behalf of the respondent - original defendant, who has appeared on Caveat.
3.00. After the matter was argued for sometime, Mr.S.M. Gohil, learned advocate appearing on behalf of the appellants - original plaintiffs has stated at the bar that as such the appellants do not claim any right, title or interest on the disputed land in question and/or are not claiming any title on any ground inclusive of the possessory title, however, has requested to grant at least ten months time to the appellants - plaintiffs to vacate the premises and so as to enable the appellants to make alternative arrangement. It is also stated by Mr.Gohil, learned advocate appearing on behalf of the appellants that the appellants - plaintiffs have filed a separate undertaking to the effect that the appellants - original plaintiffs shall vacate the premises at the end of nine months from today.
4.00. In view of the above, present Second Appeal is dismissed as not pressed, without disturbing the impugned Judgement and Orders passed by both the courts below, by granting nine months time to the plaintiffs herein - original plaintiffs to vacate the suit land / suit premises in question and consequently the appellants herein - original plaintiffs are here by directed to vacate the suit premises in question and remove within a period of none months from today, more particularly on or before 29/2/2013, failing which the defendant / appropriate authority shall be at liberty to remove the appellants
- original plaintiffs immediately. With this, present Second Appeal is dismissed as not pressed. Consequently, Civil Application No. 6004 of 2012 also stands disposed of.