ANJANA GALBABHAI HIRJIBHAI Vs. ANJANA JESANGBHAI NARSINHBHAI

JUDGEMENT

(1.) The present petition is directed against 26th order dated August, 2016 passed by Deputy Collector, Palanpur in Revision Application No.07 of 2016 under Section 23 of the Mamltdar Courts Act.

(2.) The order which was in revision before the Deputy Collector was dated 08th June, 2016 passed by Mamlatdar, Palanpur in Suit No.02 of 2016 which was instituted by the present petitioner-plaintiff and allowed by the Mamlatdar. The revisional authority upset the order of the Mamlatdar.

(3.) In the suit instituted under Section 5 of the Mamlatdar Courts Act, 1906, it was the case of the petitioner-plaintiff that he was the owner of land bearing survey No.208 (old No.323) of Village Jasleni, Taluka Palanpur. For going to the said land, the plaintiff had been using way which was passing through land bearing survey No.233 (old No.356) owned by the respondents. It was the case that though approach to the plaintiff's land was from the said land of the respondents and that the plaintiff was in use of the said way since years, respondent Nos.1 and 2 created obstruction in the way, because of which on and from onward 08th December, 2015, plaintiff was prevented from using and approaching the road for ingress and outgress to his field.