PATEL KARSHANBHAI BABABHAI Vs. PATEL BHAICHANDBHAI KHUSHALBHAI

JUDGEMENT

(1.) Patel Karsanbhai Bababhai, original plaintiff, appellant in the appeal, had filed Second Appeal before this Court against the judgment and decree dated 21st August, 1980 passed by the Assistant Judge, Mehsana in Regular Civil Appeal No. 14 of 1978 wherein the learned Judge was pleased to dismiss the appeal and confirm the judgment and decree dated 4th November, 1977 passed by the Civil Judge (Junior Division) Patan in Regular Civil Suit No. 179 of 1970 wherein the learned Judge was pleased to dismiss the suit of the plaintiff.

(2.) The facts giving rise to the present Second Appeal are as under :-

(3.) The Civil Judge (JD), Patan after considering the contentions raised by plaintiff as well as defendant and also after taking into consideration the oral as well as documentary evidence, has been pleased to hold by his judgement and decree dated 4th November, 1977 that there was no question of opening a new entrance in the eastern boundary of Survey No. 16 for the cart track. After examining the evidence of the defendant, it was held that the defendant has proved that he has engaged the right of way from Survey No. 16, as claimed for more than 20 years, for men, cattle, cart, plough, etc., and therefore, the plaintiff is not entitled to get reliefs as prayed for. Thus, the suit of the plaintiff was dismissed by the learned Judge.