DAL CHAND SAINI Vs. OM PRAKASH

JUDGEMENT

(1.) The instant second appeal under Sec. 100 of Code of Civil Procedure has been filed by appellant-plaintiff, assailing the judgment and decree dtd. 25/8/2012 passed in Civil First Appeal No.16/2009 by the Court of Additional District Judge No.1, Alwar, whereby and whereunder the first appellate court has modified the decree for permanent injunction passed in Civil Suit No.306/2003, filed by the appellant-plaintiff, by the Court of Civil Judge (Jr. Division), No.1, Alwar to the extent that out of disputed portion of passage/gallery having 3.6 X 5 feet wide, the portion of 2 feet 3 inch shall remain common and opened but rest part of the judgment and decree dtd. 21/1/2009 has been maintained. For ready reference, the operative portion of the impugned judgment and decree dtd. 25/8/2012 is being extracted hereunder:- <IMG>JUDGEMENT_207_LAWS(RAJ)9_2022_1.jpg</IMG>

(2.) Heard learned counsel for both parties and perused the impugned judgments and record.

(3.) From perusal of the order sheet dtd. 30/1/2015, it appears that notices of this second appeal were issued, on the statement of counsel for appellant that the dispute is between two brothers and possibility of compromise may not be ruled out. It appears that no compromise has arrived at between parties and respondents have appeared through their advocate to contest the appeal.