BHARATSINH SUDHANSINH SODHA Vs. SUVRAT PRATAPRAO JADHAV

JUDGEMENT

(1.) Challenge in present First Appeal under section 96 read with Order 41 of Code of Civil Procedure, 1908 is the judgment and decree dated 26.02.2018 passed in Special Civil Suit No.430 of 2009 passed by the learned 5 th Additional Senior Civil Judge, Vadodara.

(2.) For the sake of convenience, the parties to the present appeal will be referred as per their original status as shown in the plaint. The appellants herein were original plaintiffs whereas, respondents herein were defendants before the learned Trial Court.

(3.) The subject matter is plot No.85 situated in revenue survey no. 532 paiki bearing city survey no.2060 admeasuring about 4516 sq.meters, forming part of Vishwas Colony situated at R.C.Dutt Road, Alkapuri, Vadodara on the premise that said plot is common plot, garden space jointly belonging to and owned by all the plot holders / owners of the Vishwas Colony. Now on wards, the said plot will be referred to as 'suit plot'.