( 1 ) THIS appeal is directed against the judgment and decree dated 17-4-1978 passed by the learned Jt. District Judge, Ahmedabad (Rural) at Narol in Regular Civil Appeal No. 47 of 1977 dismissing the appeal preferred by the appellant herein and confirming the judgment and decree dated 31-3-1977 passed by the learned Civil Judge (J. D.), Dholka in Regular Civil Suit No. 101 of 1972 whereby the suit filed by the plaintiff was dismissed with costs.

( 2 ) THE brief facts of the present appeal are that the appellant (Original plaintiff) has filed Regular Civil Suit No. 101 of 1972 in the Court of the learned Civil Judge (J. D.), Dholka for perpetual prohibitory injunction restraining the present respondent from obstructing the appellant-plaintiff in passing on the suit way with or without cattle, agricultural implements, bullock, bullock-cart etc. and for declaration that the land in dispute be declared as public road. That the houses of the plaintiff and defendant are situated in a Khadki known as Nadiadrani Khadki located in the locality known as Derasar of village Chaloda. The appellant-plaintiff used his house for tethering cattle and original defendant No. 1 who is no