THAKORE PUNAJI DHANAJI Vs. THAKORE SAMUBEN NAVAJI DHANAJI

JUDGEMENT

(1.) THIS petition has been preferred challenging order dated 25. 01. 2007 made by the Appellate Court, Patan in Civil Misc. Appeal No. 40 of 2005 whereby the order below application Exh. 5 made on 31. 08. 2005 by the trial Court, Harij dismissing the application Exh. 5 came to be upturned.

(2.) THE petitioners herein are the original defendants in Regular Civil Suit No. 13 of 2005 filed by the respondents herein, original plaintiffs. Hereinafter, for the sake of convenience, the parties shall be referred to as per their respective description in the suit.

(3.) THE plaintiffs preferred civil suit in relation to easement rights claimed by the plaintiffs for going to their field bearing Revenue Survey No. 179/1/b P 1. The defendants resisted the said claim of the plaintiffs as, according to the defendants, firstly, there is no road/right of way through the fields of the defendants from the boundary of land bearing Survey No. 184/3 which belongs to the plaintiffs; secondly, the defendants state that there is an alternative route available to the plaintiffs for going to their other parcel of land bearing Revenue Survey No. 179/1/b P 1. The Trial Court by order dated 31. 08. 2005 rejected application Exh. 5 made by the plaintiffs.