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1995 Supreme(Guj) 225

J.N.BHATT
Harjivandas Shankarlal Prajapati – Appellant
Versus
Thakore Somaji Mohanji – Respondent


Advocates Appeared: H.M.PAREKH, M.C.SHAH, P.M.BHATT, S.N.Soparkar

J. N. BHATT, J.

( 1 ) BOTH these revisions under Sec. 115 of the Code of Civil Procedure (code for short) arise from the common judgment and order passed in Misc. Civil appeals Nos. 133 of 1992 and 134 of 1992, confirming the judgment and order passed by the Trial Court below applications Exs. 5, 20 and 65 in Regular Civil Suit No. 974 of 1991. Civil Revision Application No. 200 of 1993 is filed by the original defendant No. 2, whereas Civil Revision Application No. 201 of 1993 is filed by the original defendant No. 1.

( 2 ) ). Since common questions are involved arising out of common judgment and order, both the revisions are being disposed of by this common judgment.

( 3 ) ). The aforesaid civil suit was filed by the respondents Nos. 1 to 5 who are the original plaintiffs against the petitioners who are the original defendants. The parties are hereinafter referred to as mentioned in the suit.

( 4 ) ). The plaintiffs are the residents of village selar and they are agriculturists. The plaintiffs, inter alia, contended that they have right of way in respect of the disputed road which is a public road. The plaintiffs claimed right of way on a public road which starts from revenue sur











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