HARIRAM Vs. UDDAL

JUDGEMENT

(1.) This second appeal is directed against judgment and order dated 23.7.2013, passed by learned Principal District Judge, Gondia, in Regular Civil Appeal No.160 of 2012, which was partly allowed. The judgment and decree passed by the trial Court was set aside and present appellants/defendants were restrained from obstructing the way of present respondents/plaintiffs in between their houses and school building, as per entry recorded in wajibul- arz Exh.88. The appellants/defendants were directed to remove the obstruction, if any, on the suit way. i.e. as per entry recorded in Exh.88. The first appeal arose from judgment and decree dated 30.7.2012, passed by learned Civil Judge Junior Division, Tirora, in Regular Civil Suit No.3 of 2006. The suit was dismissed.

(2.) The facts of the case in a nutshell are, thus:

(3.) Thus, it is the case of respondents/plaintiffs that appellants/defendants have no any right to disturb or to obstruct use of the easement way for the respondents/plaintiffs to approach their land from Bhombodi- Mundipar Road adjacent on West side of appellants/defendant's land. Since appellants/defendants started creating obstruction, respondents/plaintiffs had to complain with Tahsildar, Tirora. The Tahsildar, Tirora issued order dated 17.2.2004 about existence of the easement way for respondents/plaintiffs, through appellants/ defendants' land, to approach their field from Bhombodi- Mundipar Road. The respondents/plaintiffs, therefore, sought permanent mandatory injunction against appellants/defendants to remove obstruction so as to enable respondents/plaintiffs to use their way to approach their field from Bhombodi-Mundipar Road through appellants/ defendants' field. It is urged that as owner and possessor of the adjacent field respondents/plaintiffs were entitled to use the approach way as pleaded.