SHIV CHARAN Vs. DHOOL SINGH

JUDGEMENT

(1.) Heard on admission.

(2.) The present appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the appellants being aggrieved by the judgment and decree dated 06 - 09 -2006 passed by learned Additional District Judge, Chachoda District Guna in Civil Appeal No.9 -A/2006 confirming the judgment and decree dated 24 -01 -2006 passed in Civil Suit No.131/2001 by learned Civil Judge Class -II, Chachoda.

(3.) This is the appeal by defendants. The plaintiff has filed a suit for opening the way and for injunction against the defendants. The allegation of plaintiff is that the way/passage; which he has been using for past 100 years, has been obstructed by the defendants while this is the only way for access to his agriculture field. Both the parties led their respective evidence in support of their claim. On the basis of material available on record and the evidence produced by the parties, the trial Court has decreed the suit of the plaintiff granting him the access way of 8 ft. to his agriculture field.