SHIVDAYAL SINGH Vs. BHAGIRATH

JUDGEMENT

(1.) The present revision petition has been filed by petitionerdefendant No.3 against order dtd. 8/2/2017 passed by Senior Civil Judge, Ratangarh (Churu) in Civil Original Suit No.04/2014 whereby an application under Order VII Rule 11 of the Code of Civil Procedure as preferred by him has been dismissed.

(2.) Before proceeding on with the facts of the present case, it is relevant to note that the present revision petition was earlier dismissed vide order dtd. 1/6/2017 but review petition against the said order having been allowed vide order dtd. 2/4/2019, the present revision petition was restored and the same was directed to be listed for consideration afresh.

(3.) The facts of the case are that a suit for declaration and permanent injunction was filed by Bhagirath, plaintiff No.1 for declaration that the defendants have no easementary right of way in the plaintiffs' agricultural land. It was averred in the plaint that defendant No.3 was forcibly trying to create a public way across the agricultural land of the plaintiffs whereas he had no such easementary right of a way qua plaintiffs' agricultural land.