ROSHAN LAL Vs. OM PRAKASH

JUDGEMENT

(1.) This Civil Second Appeal has been filed by the appellants - plaintiffs (for short, 'the plaintiffs') against the judgment dtd. 3/8/2006 passed by Addl. District Judge No. 2, Bayana (for short, 'the first appellate court') in Civil Regular Appeal No. 118/2002, whereby the appeal filed by the plaintiffs has been dismissed and the judgment and decree dtd. 10/3/1997 passed by Addl. Civil Judge (Jr. Division) Roopwas (for short, 'the trial court') in Civil Suit No. 240/1996 dismissing the plaintiffs' suit for permanent injunction has been affirmed.

(2.) Facts of the case are that the plaintiffs filed a suit for permanent injunction against the respondents - defendants (for short, 'the defendants'), wherein it was pleaded that there is a land and plot in the ownership and possession of plaintiff and formal defendant no. 4 Dau Dayal in Roopwas, Distt. Bharatpur. In a partition, which took place 8 years ago, land came in the share of plaintiff and formal defendant, over which the plaintiffs are in possession. The defendants no. 1 to 3 are also the family members of the plaintiffs. In the year 1960 when partition took place, land in the eastern side of the disputed land came in the share of the defendants and a 5 ft. wide way was left over in order to come and go to the land of the plaintiffs. However, on 6/1/1974, the defendants started to dig the plinth of the way.

(3.) The defendants filed the written statement, wherein it was pleaded that no partition took place in this matter. It was further pleaded that 5 ft. way was not left nor it is in existence at the site. It was further pleaded that on 10/11/1964 before Standing Committee for Justice, a compromise was arrived at between the plaintiff's father Babu Lal and defendant no. 1. Thereafter the suit filed by the plaintiffs be dismissed.