KIKUBHAI PARSHOTTAMBHAI PATEL Vs. BABUBHAI VALLABHBHAI PATEL

JUDGEMENT

(1.) Instant appeal filed under Section 100 of the Code of Civil Procedure ('the Code' for short) is directed against the judgment and decree dated 23.9.2004 rendered in Regular Civil Appeal No.115 of 1997 by the learned Joint District Judge and 2nd Fast Track Court, Navsari by which the appeal filed by the respondent Nos.1 and 2 herein came to be allowed and thereby the judgment and decree dated 20.10.1997 rendered in Regular Civil Suit No.247 of 1991 by the learned 2nd Joint Civil Judge (J.D.)., Navsari dismissing the suit filed by respondent Nos.1 and 2 herein is set aside and thereby the suit filed by them is allowed by holding that the respondents have a right of easement by necessity.

(2.) Present appellants were defendant Nos.1 and 2 whereas present respondent Nos.1 and 2 were plaintiffs and respondent No.3 herein was defendant No.3 in the suit. Therefore, the parties are hereinafter referred to as 'the plaintiffs' and 'the defendants' for the sake of convenience.

(3.) Case of the plaintiffs' in brief as set out in the plaint is as under: