Heard learned advocate for the parties. Learned advocate for the petitioners contend that earlier by an order dated 30.8.2008 passed by learned Principal Civil Judge, Dharampur in R.C.S. No.25 of 1994 filed by father of the respondent herein had given clear findings upon appreciation of material on record that plaintiff had failed to establish and prove passage in the disputed survey No.611 and even revenue record was also examined. For the very said survey number, now the Mamlatdar as well as, Dy. Collector under Mamlatdar Courts Act have exercised the power passing the impugned order and, therefore, the matter deserves consideration.
Rule returnable on 8.11.2012.
Meanwhile, interim relief in terms of para 8 (b) is granted. Direct service is permitted.