JUDGMENT :

SANDEEP N. BHATT, J.

1. This second appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (‘CPC’ for short) being aggrieved and dissatisfied with the judgment and decree dated 1.3.2024 passed in Regular Civil Appeal No. 25 of 2011 by the 7th Additional District and Sessions Judge, Ahmedabad (Rural) Ahmedabad confirming the order dated 18.6.2011 passed in Regular Civil Suit No. 26 of 2008 by the learned Principal Civil Judge, Sanand, suggesting the following substantial questions of law:

“(1) Whether the ld. Appellate Court’s judgment is perverse as it fails to determine points for consideration and is contrary to the provisions of Order XLI Rule 31 of the Civil Procedure Code, 1908?

(2) Whether the Ld. Court’s interpretation for Issue No. 3 is perverse and contrary to the evidence produced on record?

(3) Whether the Ld. Courts erred in the interpretation of Clause 5 of the registered sale deed between the litigants which specifies a right of way?

(4) Whether the impugned judgment is perverse in interpreting Clause 5 of the registered sale deed dated 31.03.2006 that it inherently establishes that a necessity subsisted at the time of sale for the Appellant to cl