ORDER S.H VORA, J.:— With the consent of learned advocates appearing for the respective parties, the petition is taken up for final disposal today. 2. By way of this petition under Article 227 of the Constitution of India, the petitioners have made following prayer:- “Your Lordships be pleased to issue writ of certiorari and/or alike writ and/or any other appropriate writ, order, direction to quash and set aside the impugned order dated 23.8.2013 passed by the learned 3rdAdditional Senior Civil Judge, Bhavnagar Camp at Mahuva in applications below Exhs.13 and 24 filed by the respondents in Regular Civil Case No. 301 of 2010. Your Lordships further be pleased to pass appropriate order with reference to join the respondent Nos. 1 and 2 as defendant Nos. 1 and 2 respectively in Regular Civil Case No. 301 of 2010 pending before the Senior Civil Judge, Bhavnagar Camp at Mahuva.’ 3. Having heard the submissions made at bar and considering the impugned order, it appears that original defendant No. 3 and defendant Nos. 1 and 2 moved an application under the provisions of Order 1 Rule 10 of the Code of Civil Procedure, 1908 in Regular Civil Case No. 301 of 2002, inter alia, praying to delete defendant Nos. 1 and 2 i.e State of Gujarat and the Collector, Bhavnagar. The learned trial Judge found that as no relief is sought against the defendant Nos. 1 and 2, they are wrongly or improperly joined as parties and therefore, directed to delete defendant Nos. 1 and 2 from the cause title of above Regular Civil Suit. 4. Upon perusal of the plaint itself and more particularly, relief, as prayed for, in para 19(c), it appears that the petitioners have specifically made prayer against all the defendants and also sought for relief of declaration to the effect that the defendants have no authority and right to remove or demolish the constructions made on the northern side of the suit plot. The learned trial Judge has overlooked the said prayer made by the plaintiffs in para 19(c) of the plaint, whereby the plaintiffs have prayed for declaration and perpetual injunction against the defendants including the State of Gujarat and the Collector, Bhavnagar. 5. The learned trial Judge has overlooked the said prayer made by the plaintiffs in para 19(c) of the plaint, whereby the plaintiffs have prayed for declaration and perpetual injunction against the defendants including the State of Gujarat and the Collector, Bhavnagar. 5. In light of this position, the learned trial Judge has committed an error in passing the impugned order and therefore, the order dated 23.8.2013 passed by the learned 3rd Additional Senior Civil Judge, Bhavnagar Camp at Mahuva in applications below Exhs.13 and 24 filed by the respondents in Regular Civil Case No. 301 of 2010 is hereby quashed and set aside and the present petition is accordingly allowed with no order as to costs. 6. In view of disposal of main petition, civil application does not survive and stands disposed of accordingly.