JOGILAL Vs. MANSHARAM

JUDGEMENT

(1.) THIS is a Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree passed on 01-01-82 by Addl. Judge to the Court of District Judge, Khargone in Civil Regular Appeal No. 34-A/81 filed against the judgment and decree dated 30-03-81 passed by Civil Judge Class II, Bhikangaon in COS No. 85-A/78.

(2.) THIS appeal was admitted on 05-03-82 for its final hearing on the following substantial question of law :-

(3.) THE facts of the case are that the respondents Mansharam and Narayan filed a suit against the present appellant/defendants for permanent injunction stating therein that the plaintiffs are the owners of the lands bearing Khasra No. 158/1 and 158/2 and the appellant/defendants are regularly passing through that land and carrying their bullock-carts and on stopping them to do so, they are creating nuisance and quarrels. Therefore, by a permanent injunction, they be restrained not to pass through the said lands.