PATEL NARAYANBHAI GANESHBHAI Vs. KRUSHNASINH BALBHADRASINH RATHOD

JUDGEMENT

(1.) This second appeal, under Sec. 100 of the Code of Civil Procedure, 1908, filed by the appellant - original plaintiff No.1, arises from the impugned judgment and decree dtd. 7/7/2021 passed by the learned Principal District Judge, Sabarkantha at Himmatnagar in Regular Civil Appeal No.62 of 2012, confirming the judgment and decree dtd. 1/8/2011 passed by the learned Additional Civil Judge, Himmatnagar in Regular Civil Suit No.260 of 1997 dismissing the suit.

(2.) The brief facts of the present case are as under :

(3.) Learned advocate Mr.Japee for the appellant has submitted that the learned Courts below have not granted various easementary rights as enumerated in the plaint, which subsists over the land in question. He has submitted that there is a way to go to other villages, crematorium, lake, temples, ukerdas, vanddas and several public amenities on the land in question. He has submitted that the learned Courts below have permitted the defendants to deprive the village people of the said public amenities which they have been enjoying for last many years.