YOGENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) IST party, namely, Doman Yadav claimed right of easement over northern portion of Plot No. 524 of village Sipah, P.S. Arwal in the district of Jehanabad in a proceeding u/s. 147 of the Code of Criminal Procedure. The Executive Magistrate Jehanabad, by order dated 2.9.1990 passed in Case No. 1040/M/1983 (Trial No. 84/90), rejected his claim and held that there exists no raasta as claimed by the (Ist party, The Ist party, Doman Yadav, aggrieved by the same, preferred Cr. Revision No. 69 (J) 97/77 of 1994. The Ist Additional Sessions Judge, Jehanabad, by order dated 11.12.2001, set aside the aforesaid order and remitted the matter back for consideration in accordance with law.

(2.) THE 2nd party in the proceeding was Nandkeshwar Yadav and petitioners claim to be his successors in interest.

(3.) INSPITE of service of notice on opposite party No. 3, nobody has chosen to appear on her behalf. However, opposite party No. 2 has appeared and she does not deny the aforesaid assertions.