1 S.B. Civil Misc. Appeal No.1644/2007 Chetan Lal vs Dhula & Ors. and S.B. Civil Cross Objection No.15/2009 in S.B. Civil Misc. Appeal No.1644/2007 Chetan Lal vs Dhula & Ors. DATE OF ORDER : - 30.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Mahendra Trivedi, for the appellant. Mr. Shambhoo Singh, for the cross-objector. <><><> Heard learned counsel for the parties. In a suit for simple injunction, the plaintiff claimed that the disputed property was sold to him and the plaintiff obtained the construction permission from the Gram Panchayat. The defendants want to forcibly encroach upon the said property. The plaintiff also claimed relief of removal of encroachment of defendant no.1. The trial court decreed the plaintiff's suit vide judgment and decree dated 2 28.1.2006. The defendants preferred appeal against the said judgment and decree of the trial court wherein the first appellate court after taking note of the facts without there being any plea of any of the parties set aside the judgment and decree of the trial court dated 28.1.2006 and framed issue whether the Gram Panchayat Obari is necessary party and without impleading Gram Panchayat the plaintiff's suit is not maintainable. Being aggrieved by the said order of the first appellate court dated 9th April, 2007, the plaintiff and the defendants both approached this Court. The plaintiff by preferring S.B. Civil Misc. Appeal No.1644/2007 and the defendants by cross objection no.15/2009. Both the counsels submitted that the first appellate court has committed error of law by framing the issue and remanding the matter to the trial court and the first appellate court itself should have decided the matter in accordance with law. I perused the facts of the case and as mentioned above it was a suit for injunction and removal of encroachment wherein there may have been some orders 3 passed by the Gram Panchayat but that itself cannot make the Gram Panchayat a necessary party because the vendor are not necessary party in the suit filed by the purchaser normally. Since in this case, neither the trial court framed the issue nor plaintiff is seeking any relief against the said Gram Panchayat, therefore, the issue framed by the first appellate court is absolutely unnecessary issue. In view of the above, the appeal as well as the cross- objection both are allowed. The order of the first appellate court dated 9th April, 2007 is set aside. The first appellate court is directed to decide the regular first appeal no.05/2006 on merits in accordance with law. Both the parties are directed to appear before the first appellate court on 20th April, 2009. (PRAKASH TATIA), J. c.p.goyal/-