MAHMAD AMIN MIMANAJI BADI vs IDRISH HASAN VALIBHAI BHALARA Advocate - S.V.PARASARA — 43/2018

Case under Specific Relief Act, 1963 Section 39,34. Disposed: Contested--JUDGEMENT on 30th March 2026.

RCS - REGULAR CIVIL SUIT

CNR: GJMR040002982018

Case disposed

e-Filing Number

-

Filing Number

43/2018

Filing Date

22-02-2018

Registration No

43/2018

Registration Date

22-02-2018

Court

TALUKA COURT, WANKANER

Judge

3-PRINCIPAL SENIOR CIVIL JUDGE AND ADDL. CJM

Decision Date

30th March 2026

Nature of Disposal

Contested--JUDGEMENT

Acts & Sections

SPECIFIC RELIEF ACT, 1963 Section 39,34

Petitioner(s)

MAHMAD AMIN MIMANAJI BADI

Adv. H.M.SHETH

ABDULBHAI AMINBHAI BADI

Respondent(s)

IDRISH HASAN VALIBHAI BHALARA Advocate - S.V.PARASARA

Hearing History

Judge: 3-PRINCIPAL SENIOR CIVIL JUDGE AND ADDL. CJM

30-03-2026

Disposed

23-03-2026

JUDGEMENT

20-03-2026

JUDGEMENT

10-03-2026

JUDGEMENT

27-02-2026

FINAL ARGUMENTS

Final Orders / Judgements

30-03-2026
JUDEGEMENT

Case Summary The court dismissed the plaintiffs' suit for declaration and perpetual injunction seeking to restrain the defendant from using an internal path through their agricultural land in Tithalwa village, Morbi district. The court found that the defendant had established a customary right of way through the sale deed of 1977, which explicitly mentioned that the land's access route passes through Amarsар's boundary via the plaintiff's field, and the defendant has been using this path for decades without objection. The plaintiffs failed to prove that the internal road belonged exclusively to them or that the defendant had no right to use it. This case analysis is maintained by casestatus.in based on publicly available court records.

Interim Orders

10-09-2018
ORDER
casestatus.in Summary

Case Summary The court dismissed the plaintiffs' suit for declaration and perpetual injunction seeking to restrain the defendant from using an internal path through their agricultural land in Tithalwa village, Morbi district. The court found that the defendant had established a customary right of way through the sale deed of 1977, which explicitly mentioned that the land's access route passes through Amarsар's boundary via the plaintiff's field, and the defendant has been using this path for decades without objection. The plaintiffs failed to prove that the internal road belonged exclusively to them or that the defendant had no right to use it. This case analysis is maintained by casestatus.in based on publicly available court records.

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