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2025 Supreme(Guj) 1751

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK
Badrunnisha Mohmed Sikandar – Appellant
Versus
Keshilben Jethabhai Parmar (Deleted As Per Hon'ble Court's Order Dtd 09.09.2025) – Respondent


Advocates:
Advocate Appeared: For the Appellant :Mr Chinmay M Gandhi For the Respondent: Mr Anuj K Trivedi, Mr Pancholi With Ms Tejal A Vashi

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal under Section 96 r/w. Order XLI Rule 1 of the Civil Procedure Code is filed by the appellant - against the judgment and decree dated 02.03.2007 passed by the learned City Civil Judge, Court No.4, Ahmedabad [hereinafter be referred to as “the trial Court”] in Civil Suit No. 5205 of 1998 whereby the trial Court has dismissed the suit.

FACTS OF THE CASE :

2. That the property bearing survey No.31 admeasuring 125 square meters, Municipal Census No.18-A, 18-A-1, 18-A-2 of Raikhad Ward No.1, Behind Church, Opposite Jamalpur Mochiole Khanja Darwaja, Ahmedabad originally was purchased by one Fidahussain Abdulrazak Khureshi by registered sale deed dated 10.04.1974. The plaintiff purchased the property from Fidahussain – predecessor in title by registered sale deed No. 4243 dated 11.11.1997, description of which is as under:-

Towards East

Towards West

Towards North

Towards South

Survey No.188-11 and 188-19

Road and at some distance Survey No. 32 and 30

Survey No. 30

Survey No. 34

2.1 It is the case of the appellant that from the said plot of land, he is using for the purpose of egress and ingress to reach to her house and no other way existed as menti

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