GOPALBHAI JIKABHAI SUVAGIYA Vs. VINUBHAI NATHABHAI HIRANI

JUDGEMENT

(1.) This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'the Code') is at the instance of the original defendants and is directed against the judgment and order dated 3rd July 2015 passed by the Additional Sessions Judge and 10th (Adhoc) Additional District Judge, Junagadh, in the Regular Civil Appeal No.21 of 2014 arising from the judgment and decree passed by the Principal Civil Judge, Visavadar, dated 11th March 2014 in the Regular Civil Suit No.35 of 2011 filed by the respondents herein - original plaintiffs for declaration and permanent injunction.

(2.) For the sake of convenience, the appellants herein shall hereinafter referred to as the original defendants and the respondents shall hereinafter referred to as the original plaintiffs.

(3.) The defendants are the owners of the land bearing Survey No.111 situated at village Limadhra, Taluka Visavadar, District Junagadh. The plaintiff no.1 is the owner of the land bearing Survey No.105 paiki 7 admeasuring H-1-13-1-A and Survey No.105 paiki 9 admeasuring H-1-34-56-A. The respondent no.2 - original plaintiff no.2 is the owner of the land bearing Survey No.105 paiki 3 admeasuring H-7-47-66-A and the respondent no.3 - original plaintiff no.3 is the owner of Survey No.106 paiki 1 admeasuring H-1-65-92-A situated at village Limadhra, Taluka Visavadar, District Junagadh. The respondents had been using the road/way passing through the Survey Nos.122, 109 and 111 respectively to enter their fields/land from the village, and the same was being used past more than 100 years even by the ancestors of the respondents. The appellants started causing obstruction by blocking the road which passes through the middle of the Survey No.111 (appellants' land) due to which the respondents and other persons who had been using the same road started facing difficulties in entering their lands. In such circumstances, the respondents instituted the Regular Civil Suit No.35 of 2011 before the learned Civil Judge, Visavadar, praying for a declaration that the respondents have a right to use the land passing through the Survey No.111 and for permanent injunction against the appellants restraining them from blocking or changing the nature of the way passing through the Survey No.111 which is being used by the respondents.