RISHI PETROCHEM PRIVATE LIMITED Vs. DIPEN PRAHLADBHAI PATEL

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 decree dtd. 1/3/2024 passed in Regular Civil Appeal No.25 of 2011 by the 7 th Additional District and Sessions Judge, Ahmedabad (Rural) Ahmedabad confirming the order dtd. 18/6/2011 passed in Regular Civil Suit No.26 of 2008 by the learned Principal Civil Judge, Sanand, suggesting the following substantial questions of law:

(2.) The appellant is the original plaintiff before the learned trial court and the respondents are the original defendants. The parties are addressed with their original status for the sake of convenience.

(3.) Heard learned advocates for the parties. Learned advocate Ms.Jani for the appellant-plaintiff has submitted that the plaintiff filed the suit seeking a declaration that the plaintiff has a right of way which passes through the defendant's property at Survey No.199, situated at Village Nidharad, Taluka Sanand, District Ahmedabad connecting the plaintiff's property at Survey No.185/1 P with the Sanand- kadi main road (subject road) by specifically describing the passage as a twenty feet road which connects to the Sanand- Kadi main road which runs from North to South; that the primary contention of the appellant is that the subject road is the only available passage for thoroughfare and no alternate road exists; that the plaintiff has established that the subject road has been in use since 1995 that the layout plan provides for internal roads; the consolidated layout plan was sanctioned for various survey numbers of the plaintiff and defendants.