PATEL DALRAMBHAI UDESI Vs. BHIL JAMABHAI MADEVBHAI

JUDGEMENT

(1.) The pertinent facts in brief leading to the present revision are as under

(2.) The respondent herein as original applicant filed a proceeding under Section 5(2) of the Mamlatdars Courts Act 1906 against the present petitioners-original defendants contending that he had a right of way along the northern boundary of the fields of the defendants (Survey Nos. 121 and 123) and that since the defendants were obstructing him in using the said passage he applied for the necessary injunction. This application was decided by the Mamlatdar on the basis of the evidence on the record before him by dismissing the same by his judgment and order dated 28th September 1990

(3.) The plaintiff respondent therefore challenged the same by filing the revision under Section 23 of the said Act which was heard by the Assistant Collector Banaskantha and who allowed the same by his judgment and order dated 14th February 1992 and issued injunction in favour of the plaintiff and against the defendants as prayed for The original defendants have challenged the said order of the Assistant Collector by way of the present revision under Section 115 of CPC.