RAJENDRA PRASAD DANGWAL Vs. SRI RAM DHONDIYAL

JUDGEMENT

(1.) This is defendant's second appeal under Section 100 C.P.C., wherein he has challenged the judgments/decree dated 10.12.2010, as passed by the court of 1st Additional Civil Judge (J.D.), Dehradun in Original Suit No.12 of 2005, Sri Ram Dhondiyal vs. R.P. Dangwal and Another, whereby the suit of the plaintiff/respondent was decreed for removal of construction and encroachment which was allegedly to have been made by the defendants/appellants herein on the disputed pathway. The said judgment of trial court rendered in O.S. No.12 of 2015 on a challenge being given in civil appeal being Civil Appeal No.5 of 2011, R.P. Dangwal and Another vs. Sri Ram Dhondiyal, the first appellate court of IIIrd Additional District Judge, Dehradun too by the judgment and decree dated 05.09.2019 had dismissed the appeal and consequently the present second appeal.

(2.) The plaintiff/respondent herein had instituted a suit on 07.01.2005 in relation to the property in question, which has been detailed hereunder:-

(3.) In the plaint map as annexed therewith with the suit, the disputed property which is the passage in question, which was shown to be a 10 feet wide passage it was particularly described by figure ABCD.