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2024 Supreme(Guj) 511

SANDEEP N. BHATT
Aher Karshanbhai Vasanbhai Jalu – Appellant
Versus
LH of Late Bhikhabhai Anandbhai Savaliya – Respondent


Advocates Appeared:
For the Applicant : Ms. Heta Panchal, Adv. for H.L. Patel Adv.

ORDER :

1. This second appeal, under Section 100 of the Code of Civil Procedure, 1908, filed by the appellants – original plaintiffs, arises from the impugned judgment and decree dated 10.05.2019 passed by the learned Additional District Judge, Rajkot at Dhoraji in Regular Civil Appeal No.6 of 2019, confirming the judgment and decree dated 07.08.2018 passed by the learned Additional Senior Civil Judge, Dhoraji in Regular Civil Suit No.1 of 2015 dismissing the suit.

2. The brief facts of the present case are as under :

2.1 The lands of the parties are adjoining lands as such. The dispute between them is essentially about the way for the disposal of rainwater. The per the allegations of the plaintiffs, defendants No.1.1 to 1.4 have encroached upon the Government land. From the record, it transpires that the plaintiffs have also encroached upon the Government land, which is suppressed by the plaintiffs. Therefore, the plaintiffs have filed a suit being Regular Civil Suit No.1 of 2015 before the learned trial Court for declaration and permanent injunction, whereby the plaintiffs have prayed to declare that the plaintiffs have right of way for disposal of rainwater from the said alleged ac

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