CHAUTHU Vs. MANGAL CHAND

JUDGEMENT

(1.) Appellant-defendants (hereafter referred to as 'defendants') have filed this second appeal under Sec. 100 of C.P.C., assailing the judgment and decree dtd. 21/1/2019 passed in civil first appeal No. 14/2014 (10/2014) NCV No. 228/2014 by Additional District Judge, No. 2, Jaipur, District Jaipur whereby and whereunder dismissing the appeal affirming the judgment and decree dtd. 26/2/2014 passed in civil suit No. 06/2009 (146/07) by Additional Civil Judge (Jr. D.) No. 1, Jaipur, District Jaipur whereby and whereunder respondent-plaintiffs' suit for permanent injunction in respect of a right of way through common way of 12 feet has been decreed in following terms:-

(2.) Heard learned counsel for appellants and perused impugned judgments and record.

(3.) It is not in dispute that partition, in respect of the joint agricultural lands, has already been taken place between parties and the dispute is only in respect of a common way of 12 feet wide, alleged to be situated in between the agricultural lands, came in the respective shares of both parties in the partition. Plaintiffs claimed that the way in question was left for common use wherein 6 feet-6 feet land of both parties are included and this way is available at site, which has been used by both parties more than 50 years. Plaintiffs claimed that the way in question is only available way to reach at common well and to the plaintiffs' home situated in their agricultural land. Further it was pleaded by plaintiffs that an easementary right to use this common way has already been created to them but defendants intend to obstruct the way of plaintiffs by raising some construction in the way, therefore the present suit was instituted.