Heard learned advocates for the parties. Appeal is admitted on the following substantial questions of law.
(a) Whether the Courts below are justified in holding that there is no encroachment on the disputed land ?
(b) Whether the Courts below are justified in holding that the plaintiff was responsible for Page 1 of 2 C/SA/249/2012 ORDER delay and latches in filing the suit ? (C ) Whether the plaintiff was entitled to ask for possession of the disputed plot on implementation of Town Planning Scheme? Civil Application :
Rule. Mr. Jani learned advocate waives service of rule on behalf of the opponents.
Considering the issues involved in the Second Appeal and to protect the rights of the parties, the parties are directed to maintain status quo till the final disposal of the Second Appeal. This Application is allowed. Rule is made absolute accordingly.
(C.L.SONI, J.) mary Page 2 of 2