- (1.) This appeal is directed against the judgment and decree dated 24.5.2017 passed by District Judge, Pali ('the first appellate court'), whereby, the appeal filed by the appellant against the judgment and decree dated 11.9.2012 passed by Additional Civil Judge (Sr. Division), Pali ('the trial court') has been rejected.
(2.) After hearing the parties on 9.5.2020, the following substantial question of law was framed by this Court:- "1. Whether the first appellate court was justified in arriving at the findings on the two issues and in conclusion observing that the suit was liable to be dismissed when the trial court had partly decreed the suit?"
(3.) The suit was filed by the plaintiff for mandatory injunction in relation to a plot No.88, 88-A, 89 and 89-A admeasuring 12519 sq. meters, part of 3rd Phase of industrial area at Sojat Based on the pleadings of the parties, the trial court framed two issues and after evidence was led by the parties, the trial court granted the following decree in favour of the plaintiff:- ....[VERNACULAR TEXT OMITTED].... Dissatisfied with the decree granted, the appellant filed first appeal. ;