PANKHYA Vs. PRABHU LAL

JUDGEMENT

(1.) The instant second appeal under Sec. 100 of the Code of Civil Procedure has been preferred by appellant-defendant, assailing the judgment and decree dtd. 11/5/2015, passed in Civil Regular Appeal No.414/2009 (33/01) by the Court of Additional District Judge, Sawai Madhopur (Rajasthan), affirming the judgment and decree dtd. 2/6/2001, passed in Civil Suit No.12/1998 by the Court of Civil Judge (Junior Division) and Judicial Magistrate, Khandar, District Sawai Madhopur, whereby and whereunder respondent-plaintiff's suit for prohibitory and mandatory injunction has been decreed on merits in following manner:

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

(3.) It appears from the record that respondent-plaintiff instituted civil suit for prohibitory and mandatory injunction seeking removal of the obstruction and for protection of the way of 12ft wide, situated towards northern side of his plot allotted by the Gram Panchayat. The encroachment, alleged to be made by defendants, was shown in the map appended with plaint and it was prayed that the place marked A, B, C and D, be kept free from obstruction, for having free movement through the way in question. Plaintiff, on the basis of allotment issued by the Gram Panchayat, contended that towards northern side of his plot a way of 12ft is situated, which is being obstructed by defendants.