- (1.) THE present second appeal has been preferred by the appellant -defendant being aggrieved of the judgment and decree dated 16/12/2006 of the learned first appellate court of Addl. District Judge, Bhinmal passed in Civil Appeal No. 02/2002, whereby, the judgment & decree dated 12/2/2002 passed by the learned trial court in Civil Original Case No.11/2011 Amra Ram vs. Nagar Palika Mandal, Sanchore was affirmed.
(2.) THE plaintiffs filed the aforesaid suit for mandatory injunction against the defendants in respect of a shop (STD PCO Booth) owned by him, which was demolished by the defendant Nagar Palika Mandal without giving any notice and for no valid reasons. It was claimed in the suit that the said suit shop was constructed on the 'Patta sud' land of the plaintiffs and was not an encroachment on the public way and the defendant Nagar Palika Mandal, Sanchore had no legal right to demolish the same in an illegal manner.
(3.) THE learned trial court after considering the documentary as well as oral evidence led before it decreed the suit of the plaintiffs and directed the defendant Nagar Palika Mandal, Sanchore to reconstruct the said suit shop and handover the possession of the same within six months from the date of the judgment and decree. The relevant findings of learned trial court are quoted below for ready reference: - The first appeal filed by the appellants/defendants, before the learned lower appellate court came to be dismissed by the learned appellate court of Additional District Judge, Bhinmal vide judgment and decree dated 16.12.2006 while upholding the judgment and decree of the learned trial court. The relevant para(s) of the appellate court's order are quoted herein below: - ;