KANTILAL SAKARCHAND MALANI Vs. DHIRAJLAL HARJIVAN DESAI

JUDGEMENT

(1.) This Civil Revision Application is preferred under Section 115 of Code of Civil Procedure, 1908 challenging the judgment and order dated 3.8.2000 passed by the learned Joint District Judge, Rajkot in Regular Civil Appeal No. 54 of 1990.

(2.) The opponents-original plaintiffs filed Regular Civil Suit No. 2323/84 against the applicant-original defendant for declaration that the defendant has no right to keep his two wheelers in the open land and the passage and for further declaration that the defendant has no right to take water from the water connection which is owned by the plaintiffs. The plaintiffs also sought injunction restraining the defendant from keeping his vehicles in the passage and from taking water from water connection owned by the plaintiffs. The said suit was partly allowed by the learned Additional Small Cause Judge, Rajkot vide judgment and decree dated 28.2.1990. Being aggrieved and dissatisfied with the said judgment and decree, the plaintiffs preferred Regular Civil Appeal No. 54 of 1990 in the court of Joint District Judge at Rajkot. The said appeal was partly allowed by the learned Joint District Judge, Rajkot vide judgment and decree dated 3rd August 2000.

(3.) Being aggrieved and dissatisfied with the judgment and decree dated 3rd August 2000 passed by the learned Joint District Judge, Rajkot in Regular Civil Appeal No. 54 of 1990, the appellant-original defendant has preferred the present revision application.