1. The 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 judgment and decree passed by the learned trial Court-learned 2nd Joint Civil Judge (Senior Division), Godhra dated 27/01/1981 in Regular Civil Suit No. 37/1975 by which the learned trial Court has dismissed the said suit preferred by the appellants-original plaintiffs, which was filed for declaration and permanent injunction and to declare the mutation entry by which the entry was made that the suit property in question was an evacuee property on the ground that the Civil Court has no jurisdiction in view of the provisions of the Evacuee Property Act as well as to quash and set aside the impugned judgment and order passed by the learned appellate Court dismissing the appeal preferred by the appellants-original plaintiffs confirming the judgment and decree passed by the learned trial Court dismissing the suit.
2. After the matter was argued for some time and considering the provisions of the Evacuee Property Act, more particularly, considering Section 46 of the Act under which any dispute with respect to evacuee property and/or even the dispute whether the property in question is an evacuee property or not, jurisdiction of the Civil Court is barred, Shri Amin, learned advocate appearing on behalf of the appellants-original plaintiffs seeks permission to withdraw the present Second Appeal by submitting that the appellants-original plaintiffs might avail remedy available under the Evacuee Property Act or any other remedy, which might be available to them. Without expressing any opinion on merits in favour of either parties and inclusive of whether it would be open for the appellants-original plaintiffs now to avail remedy under the Evacuee Property Act or any other remedy, the present Second Appeal is dismissed as withdrawn. As when any such proceedings are initiated the same be considered in accordance with law and on its own merits, which may be permissible under the law. No cost.
(M.R.
SHAH, J.) siji Top