FA/128/2006

Judgment text excerpt

NEUTRAL CITATION C/FA/128/2006 JUDGMENT DATED: 24/06/2026 2026:GUJHC:38623 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 128 of 2006 ========================================================== ABEDABIBI MOHAMMADHUSSAIN Versus HANIFABIBI NOORMOHAMMAD ========================================================== Appearance: MR DHRUVILSINGH RATHORE for MR DR BHATT(165) for the Appellant MR DEVARSH RAVAL for MR HARDIK C RAWAL(719) for the Respondent ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 24/06/2026 JUDGMENT 1. The present appeal arises out of an order passed by the learned Chamber Judge, City Civil Court No.14, Ahmedabad in Civil Suit No. 5683 of 1990, by order dated 30th July 2004. The said order was subsequently the subject of a review application, and the learned trial court modified its findings by a review order dated 2nd March 2005. The present appeal challenges the impugned order and the findings therein. 2. For the sake of convenience and brevity, parties are referred to as per their original status before the learned trial Court. 3. Facts of the case are as under:- 3.1 The plaintiff is the owner of survey No. 3334 containing Page 1 of 9 Uploaded by () on Downloaded on : Tue Jun 30 23:15:09 IST 2026 NEUTRAL CITATION C/FA/128/2006 JUDGMENT DATED: 24/06/2026 2026:GUJHC:38623 18 sq. feet land in the Jamalpur ward No.1 whereas, the defendant who is the owner of the property in survey No. 3338, is also holding her house in the same Jamalpur Ward No.1. The plaintiff is using land of survey No. 3335 which is apparently behind the back wall of her house for the purpose of a right to ingress and outgress. It there. That one toilet belonging to plaintiff adjacent to the defendant property is also e