NAINABEN PRATAPBHAI CHAUDHARY Vs. CHAUDHARI JESANGBHAI KANJIBHAI

JUDGEMENT

(1.) BY way of this Second Appeal the appellants-original defendants have challenged the judgement and decree passed by the learned Civil Judge (Junior Division), Visnagar in Regular Civil Suit No. 99/1971 confirmed by the learned appellate Court vide judgement and decree in Regular Civil Appeal No. 24/1976.

(2.) THE dispute was with respect to the right of way through the southern boarder of Survey Nos. 94/2 and 95/2. The learned trial Court decreed the suit in favour of the respondents-original plaintiffs and the learned appellate Court in appeal preferred by the appellants dismissed the said appeal. The following substantial question of law came to be framed and formulated by the Court while admitting the Second Appeal.

(3.) SHRI P. V. Diveshwar, learned advocate appearing on behalf of the appellants has submitted in view of the decision of the Mamlatdar, authority under the Mamlatdar Courts Act, holding in favour of the appellants-original plaintiffs, the learned Civil Court ought not to have decreed the suit. It is submitted that the learned Civil Court ought not to have ignored the finding of the Mamlatdar, the authority under the Mamlatdar Courts Act. No other submissions have been made.