O R D E R

(Passed on 1st February, 2021)

Petitioner/defendant No.1 has filed the present petition being aggrieved by the order dated 18.8.2020 passed in Civil Suit No.9A/2020 by 2nd Civil Judge, Class-II, Sailana, District Ratlam whereby the application filed under Order VII Rule 11 of the C.P.C.

by the defendant ,has been rejected.

2.

According to the petitioner vide registered sale-deed dated

17.3.2016 Heeralal had sold the land bearing Survey No. 1136/1/2 admeasuring 0.200 Hect. to him. In the said sale-deed, it is mentioned that the way used by the seller would also be available to be used by the petitioner to approach his agricultural land. Respondent No.1/plaintiff also purchased the land bearing Survey No.1136/3/3 admeasuring 0.220 Hect. from Heeralal. According to the petitioner he has been given 15 ft. wide road to approach his land from the land of respondent No.1 i.e. land bearing Survey No.1136/3/1 by the Hera lal. Respondent No.1 applied for diversion of his land and vide order dated 30.5.2017 the said land was diverted and thereafter he has constructed the school in his land .

Petitioner has no grievance in respect of grant of building and development permission granted to r