NANGA Vs. RAMCHANDRA

JUDGEMENT

(1.) Appellants-plaintiffs have filed this second appeal under Sec. 100 of the Code of Civil Procedure, assailing judgment and decree dtd. 15/12/2016 passed by District Judge, Bundi in appeal No.40/2011, affirming the judgment and decree dtd. 23/8/2011 passed by Civil Judge (Junior Division), Lakheri, Bundi in Civil Suit No.33/94 whereby appellants-plaintiffs' suit for permanent and mandatory injunction in relation to land alleged to be of public chowk and public way has been dismissed on merits.

(2.) Heard counsel for appellants and perused the record.

(3.) It appears from record that appellants-plaintiffs instituted a simpliciter suit for permanent injunction alleging inter alia that suit property described in para 1 of the plaint marked as [XXXXXXX] in the map situated at Kasba Nayapura, Lakheri, District Bundi is a public chowk and its part marked [XXXXXXX] has been encroached upon by respondents- private defendants. Hence, prayer was made to the following effect:-