1.0. Present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants herein original defendants to quash and set aside the impugned judgment and decree dated 6.3.1982 passed by the learned Joint Civil Judge (S.D.), Rajkot passed in Regular Civil Suit No. 22 of 1980 as well as judgment and order passed by the learned Appellate Court dated 16.12.1985 passed in Regular Civil Appeal No.105 of 1982 by which the learned Appellate Court has dismissed the said appeal preferred by the appellants herein-original defendants by confirming the judgment and decree passed by the learned trial Court decreeing the suit.
2.0. It appears that dispute is with respect to 8 vighas land from the land bearing Survey No.615 situated at Limbdi, Dist. Rajkot. It appears that proceedings were initiated under Section 37(2) of the BLRC and the original plaintiffs lost upto Gujarat Revenue Tribunal. All the authorities inclusive of Mamlatdar; Deputy Collector; Collector and Gujarat Revenue Tribunal concurrently held that suit property is of the ownership of the Government. That thereafter, the respondents herein-original plaintiffs instituted Regular Civil Suit No. 22 of 1980 in the Court of learned Civil Judge (S.D.), Rajkot for declaration that the orders passed by the authorities i.e. Mamlatdar, Deputy Collector, Collector and Gujarat Revenue Tribunal are illegal and not binding to the plaintiffs and for declaration that the plaintiffs are in lawful occupation and possession of the suit land. That by judgment and decree dated 6.3.1982 the learned trial Court has decreed the suit and granted declaration that the orders passed by the Deputy Collector; Collector and Gujarat Revenue Tribunal are illegal and not binding to the plaintiffs and learned trial Court also issued the permanent injunction restraining the appellants herein-original defendants from disturbing the possession of the plaintiffs.
2.1. Being aggrieved and dissatisfied with the judgment and decree passed by the learned Civil Judge (S.D.) Rajkot dated 6.3.9182 passed in Regular Civil Suit No. 22 of 1980, the appellants herein-original defendants preferred Regular Civil Appeal No.105 of 1982 before the District Court, Rajkot and the learned Appellate Court -learned District Judge by judgment and order dated 16.12.1985 has dismissed the said appeal confirming the judgment and decree passed by the learned trial Court.
2.2. Being aggrieved and dissatisfied with the judgment and order passed by both the Courts below, the appellants herein-original defendants have preferred the present Second Appeal under Section 100 of the Code of Civil Procedure.
3.0. This Court heard the learned advocates for the respective parties at length and considered the impugned judgment and order passed by both the Courts below. From the impugned orders, it appears that learned trial Court has not considered the reasoning given by the Gujarat Revenue Tribunal. It also appears that though by the judgment and decree dated 6.3.1982 learned trial Court has declared the orders passed by the Deputy Collector as well as Collector illegal and not binding to the plaintiffs, the said orders i.e. order passed by the Deputy Collector as well as Collector are not exhibited and even not on record. Therefore, as such the learned trial Court could not have quashed and set aside the orders which are not even placed on record and even not exhibited.
4.0. In view of the above and even there is a broad consensus between the learned advocates for the respective parties to quash and set aside the impugned order passed by both the Courts below remanding the matter to the learned trial Court for fresh decision after permitting the parties to lead the additional evidence. The learned advocates for the respective parties do not invite any further reasoned order while quashing and setting aside the impugned order passed by both the Courts below and remanding the matter to the learned trial Court.
5.0. In view of the above broad consensus between the learned advocates for the respective parties, the impugned judgment and decree dated 6.3.1982 passed by the learned Joint Civil Judge (S.D.), Rajkot passed in Regular Civil Suit No. 22 of 1980 as well as judgment and order passed by the learned Appellate Court dated 16.12.1985 passed in Regular Civil Appeal No.105 of 1982 are hereby quashed and set aside without expressing anything on merits in favour of either parties and the matter is remanded to learned trial Court to decide and dispose the suit afresh in accordance with law and on merits after permitting both the parties to lead the additional evidence. If required learned trial Court also framed additional issue which deems fit. In the facts and circumstances of the case, the learned trial Court is directed to decide and dispose of the suit on remand afresh and in accordance with law and on merits and after permitting respective parties to lead additional evidence at the earliest but not later than 31.8.2013. All concerned are directed to cooperate the learned trial Court in early disposal of the suit within stipulated as stated above, till then parties are directed to maintain status quo as on today.
6.0. With this, present Second Appeal is partly allowed to the aforesaid extent. No costs. Registry is directed to send the writ of this order to the learned trial Court immediately. Registry is also directed to send the Record and Proceedings of the case to the learned trial Court immediately.
( M. R. Shah, J. ) "kaushik"
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