RAVI R. TRIPATHI, J.

( 1 ) THE present Second Appeal arises out of the judgement and decree passed in Regular Civil Suit No. 86 of 1975 decided by the learned Civil Judge (Junior Division), Palitana on 31. 3. 1978, which was confirmed by the learned Extra Assistant Judge, Bhavnagar in Regular Civil Appeal No. 88 of 1978 by his judgement and order dated 27. 11. 1981 whereby he dismissed the appeal and confirmed the judgement and decree passed by the learned trial Judge.

( 2 ) THE learned trial Judge was pleased to partly decree the suit and order that the plaintiff is entitled to right of passage leading to Station Road situated at north of Block a and the defendants were ordered to remove the construction in the passage and the defendants were further, permanently restrained from causing any obstruction in the passage at north, to the plaintiff in using the said passage.

( 3 ) THIS Second Appeal was filed in February 1982. The matter was listed for final hearing in the year 1999. It was adjourned from time to time. On 23. 2. 2001 the Court passed the following order. "learned advocate Mr. P. V. Hathi appearing for respondent no. 1 has filed a note tat he has instructions from his cl

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