VIRENDRASINH HEMANTSANG JADEJA THRO P.O.A. SHASHIKANT HIRALAL KAMDARA Vs. MADHUBALA PRAVINCHANDRA SANGHAVI & 2 ORS.

JUDGEMENT

(1.) RULE . Mr. R.C. Kakkad, learned advocate, waives service of notice of Rule on behalf of respondents Nos. 1 and 2. Respondent No. 3 has been served but has not chosen to put in an appearance before the Court. Looking to the controversy involved in the petition which is mainly between the petitioner and respondents Nos. 1 and 2, it is not necessary to issue notice of Rule to the said respondent.

(2.) IN view of the nature of the issue involved in the petition and with the consent of the learned counsel for the respective parties, the petition is being heard and finally decided.

(3.) THE brief facts of the case, as relevant for the decision of the petition are that, the petitioner claims to be the owner and occupier of the land bearing Revenue Survey No. 249, admeasuring 2820 sq. meters, situated at Motikhavdi, Jamnagar, which he has inherited from his father, who, in turn, purchased the land under a document dated 25.03.1977. According to the petitioner, a specific recital is made in the said document taking note of a 9 meter road that runs adjacent to the purchased land, through which a right of way is conferred to the petitioner to access the said land. Since then land has been converted for non -agricultural purposes vide order dated 22.06.2000 and it is specifically noted that there is a right of access through the 9 meter road. It is the case of the petitioner that the original defendants (respondents Nos. 1 and 2 herein) are attempting to obstruct the 9 meter road by making a construction upon it.