PATNI BABUBJHAI MOTIBHAI Vs. PATNI RAMANLAL VALJIBHAI

JUDGEMENT

(1.) This Second Appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908 ('CPC' for short) being aggrieved and dissatisfied with the judgment and order dtd. 29/9/2019 passed by the learned 3 rd (adhoc) Additional District Judge, Patan in Regular Civil Appeal No.52 of 2007 as well as the judgment, order and decree dtd. 29/9/2007 passed by the learned 3 rd Additional Civil Judge, Patan in Regular Civil Suit No.125 of 1997 raising the following substantial questions of law:

(2.) The appellants are the original defendants in the suit and the opponent is the original plaintiff in the suit. The parties are addressed by their original status for the sake of convenience.

(3.) The facts leading to filing of this second appeal are such that the plaintiff filed the suit before the learned trial court stating that the plaintiff is the owner and in possession of the immovable property bearing survey no.62 of tika no.12/4 having doors facing north and south and having a public road on the north, south and west, which is purchased by him from one Dhudiben Amthabhai vide registered sale deed dtd. 20/4/1985 and since then he has been using the public road to approach to his immovable property; that he used to place his vegetable lorry in front of such a public road situated on the north of his immovable property and so far as such a road situated on the west of his said property, the same is 15 ft, road and meant to approach his mohalla; that the defendant nos. 1 and 2 are the owners of the immovable property bearing survey no.61 of tika no.12/4 and their such property is situated at some distance from plaintiff's said property; that despite this, the defendant nos.1 and 2 encroached upon the said 15 ft. public road illegally on the said west public road and made construction without the permission and licence of the defendant no.3-municipality; and therefore the plaintiff filed the suit with the prayers which are reproduced hereunder: