RAMKISHAN Vs. RAMESH CHAND

JUDGEMENT

(1.) Appellant-defendants have preferred this second appeal under Sec. 100 of CPC against the judgment and decree dtd. 13/9/2018 in Civil First Appeal No.14/2016 (CIS No.36/2016) by the Additional District Judge No.1, Bharatpur, allowing appeal set aside the judgment and decree dtd. 26/3/2016 in civil suit No.02/2015 by Additional Civil Judge No.4 Bharatpur whereby and whereunder the following decree for permanent injunction has been passed in civil suit No.02/2015 instituted by respondent- plaintiff:-

(2.) Heard learned counsel for the appellant and perused the judgment and material available on record.

(3.) It appears from the record that a simplicitor civil suit for permanent injunction in relation to the[XXXXX] in question. It is not in dispute that between parties and admitted position that[XXXXX] in question is a government lane. The decree impugned has been passed to the effect that appellant-defendant should not made any encroachment over the[XXXXX] and simultaneously respondentplaintiff has also restrained not to open any way and to flow the water in the gali in question. The impugned decree is an equitable in nature whereunder both parties have been restrained, to maintain government lane intact.