RAM BABU Vs. CHEETRIYA

JUDGEMENT

(1.) Appellant-defendant has preferred this second appeal under Sec. 100 of CPC against the judgment and decree dtd. 15/1/2015 passed in Civil First Appeal No.08/2007 by the Additional District Judge No.2, Bharatpur, dismissing the appeal and affirming the judgment dtd. 30/5/2007 passed in Civil Suit No.08/2005 by the Civil Judge (Junior Division) Bharatpur, whereby and whereunder respondents-plaintiffs' suit for permanent injunction has been decreed against the appellant in the following manner:-

(2.) Heard learned counsel for appellant and perused the record.

(3.) Learned counsel for appellant has argued that plaintiffs have an alternate way for having ingress/egress to their land of Khasra No.1074 and the way in question is the personal way of defendant, hence the trial court and the first appellate court have committed illegality and jurisdictional error in passing the impugned decree for permanent injunction against the appellant.