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2016 Supreme(Del) 2716

VALMIKI J.MEHTA
JAGDISH PRASAD GUPTA (DECEASED) THROUGH HIS LRs – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant :Mr. Subhash Garg, Advocate.
For the Respondent:Ms. Barkha Babbar and Ms. Dipanjali Tyagi, Advocates.

JUDGMENT :

VALMIKI J. MEHTA, J

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiffs in the suit impugning the Judgment of the First Appellate Court dated 28.7.2014, by which the first appellate court has set aside the Judgment of the Trial Court dated 25.7.2011. Trial court by its judgment had decreed the suit filed by the appellants/plaintiffs and allowed appellants/plaintiffs to use the passage in property no.39, Civil Lines, Delhi. The first appellate court by its impugned judgment has held that the passage in question is part of the private property no.39 belonging to the Government/Union of India, and therefore, the appellants/plaintiffs can claim no right in the private passage/land. The right was claimed by the appellants/plaintiffs in the passage as an easement of necessity.

2. At the outset, I would like to observe that the first appellate court has, very thoroughly, exhaustively, analytically and with appropriate reasons decided the first appeal, and if it was my option I would simply dispose of this second appeal by adopting every paragraph and the reasoning of the first appellate court, because this Court cou


































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