DHURIBEN SOMABHAI PATEL Vs. DAHYABHAI NATHABHAI PATEL

JUDGEMENT

(1.) PRESENT Second Appeal has been filed by the appellant challenging the order passed in Civil Appeal No. 60 of 2002 whereby the order passed by the trial Court has been modified.

(2.) HAVING heard the learned Advocate Mr. Damani for the appellant as well as learned Advocate Mr. Dastoor for the respondent, without prejudice to the rights and contentions of both the sides, as the issue involves with regard to the right of way as well as the alleged encroachment as stated by learned Advocate Mr. Dastoor, the matter is remanded back to the trial Court for deciding the same afresh after giving opportunity to both the sides on the basis of materials to be placed by both the sides including the measurement by D.I.L.R. which shall be accepted by both the sides.

(3.) THE Second Appeal stands disposed of.