KHODIYAR TYRE RE TRADIND- HRO PROPREITOR RAMDEVSINH Vs. MASTRAMBAPA CHARITABLE TRUST THRO TRUSTEE HARUBHAI

JUDGEMENT

(1.) THE petitioners are original plaintiffs. By way of this petition, the petitioners challenge the judgment and order dated 10.07.2012 passed by the learned 3rd Additional District Judge, Bhavnagar, below Exh.30 in Misc. Civil Appeal No. 75/2009, by which the order dated 10.07.2009 passed below Exh.5 in Regular Civil Suit No.282/2009 by the learned Principal Civil Judge, Bhavnagar came to be set aside.

(2.) THE relevant facts are thus: The Collector, Bhavnagar had granted a plot,which is a part of survey No.69,to the respondentoriginal defendant for the purpose of constructing a public school building. It appears that the said plot is adjoining to GIDC Industrial Estate. It is alleged that there are about 250 to 300 industrial sheds in the said Estate known as "Chitra Estate". It is the case of the plaintiffs that they have right to way,of about 6 meters width,and the said way is used by the shedholders, residents of nearby societies/locality and by general public.

(3.) BY instituting Regular Civil Suit No.282/2009, the plaintiffs prayed that the defendant be restrained from discontinuing the road, as such discontinuance is illegal and void. In the said suit, the plaintiffs have prayed for declaration and permanent injunction in this regard. The defendant denies all the assertions made by the plaintiffs in the plaint. Beside denying the assertions made by the plaintiffs, the defendant has made specific assertion about nonexistence of any road as alleged by the plaintiffs.