GOVINDRAM GULABDAS RAMAVAT Vs. KALPESH KIRTIKANT SHAH

JUDGEMENT

(1.) MATTER is taken up with consent of learned counsel for appellant and learned counsel for respondent No.1, for hearing finally at admission stage. This Second Appeal is filed by original plaintiff No.1, who along with 8 others, filed Special Civil Suit No.78/1994 for declaration of easementary rights of way and for injunction, brought against neighbours, defendant Nos.1 and 2. The suit was partly decreed and the Civil Appeal No.181/2003 came to be dismissed. Against the rejection of the First Appeal, this Second Appeal is tendered.

(2.) COUNSEL for appellant - plaintiff No.1 (hereinafter referred to as the plaintiff) has been heard. Counsel for respondent No.1 appeared on caveat and he has also been heard.

(3.) IT appears that, defendant No.1 contested the suit. Defendant No.2, it is stated, did not file written statement. Defendant No.1 denied that any portion from the land of C.T.S. No.1725/1A/3 purchased by him was left out as a portion for using way to the west of his land. It was contended in the written statement that, from the portion of C.T.S. No. 1725/1A/2, portion of 5 ft. x 60 ft. north -south had been left as way.