DAYARAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This second appeal under Sec. 100 of CPC is filed against the judgment and decree dtd. 9/5/2022 passed by Second District Judge, Manawar, District-Dhar in RCA No.1/2019 arising out of the judgment dtd. 10/12/2018 passed by Civil Judge, Class-II, Manawar, District-Dhar in Civil Suit No.46-A/2017.

(2.) Brief facts of the case are that appellants are the joint owners of House No.78, Laxmibai Marg, Indore Road, Manawar located on survey No.248/1 and 250/1/kha of Manawar, Tahsil and District-Manawar. It is averred that there is 18-20 feet road situated towards the southern portion of the aforesaid house, which was being used by the appellants for reaching their house since last more than 40 years. It is also averred that with a view to harass the appellants, respondents parked a seized vehicle on the aforesaid passage and obstructed the right of way available to the appellants for reaching their house. On the aforesaid averments, appellants filed a suit for declaration of their easmentary right and for mandatory injunction for removal of the obstruction as well as for permanent injunction. The suit was contested by the respondents/defendants by filing their written statement wherein the plaint averments were denied.

(3.) On the basis of the aforesaid pleadings, issues were framed by the trial court and thereafter, evidence of the parties was recorded by the trial court and thereafter, trial court passed the judgment and decree dtd. 10/12/2018 whereby suit filed by the appellants/plaintiffs was dismissed.