BIRDHICHAND Vs. AYODHYABAI

JUDGEMENT

(1.) The civil Second appeal is preferred against the judgment and decree dtd. 1/5/2019 passed by the learned Additional District Judge, Jhalawar (for brevity, "the learned Appellate Court") in Civil Regular Appeal No.16/2013 whereby, while dismissing the appeal, the judgment dtd. 22/8/2013 passed by the learned Additional Civil Judge (Senior Division) Jhalawar (for brevity, "the learned trial Court") decreeing the Suit No.05/2011 filed by the respondent/plaintiff (for brevity, "plaintiff") for mandatory and permanent injunction, has been affirmed.

(2.) The relevant facts in brief are that the plaintiff filed a suit for permanent and mandatory injunction against the appellant/defendant (for brevity, "defendant") with the averments that he wanted to encroach upon a 10 feet wide public way situated in between the plots of the parties. The defendant denying existence of any public way in between their plots in his written statement, filed a counter claim seeking a decree of injunction against the plaintiff not to encroach upon land of his plot.

(3.) On the basis is pleadings of the parties, the learned trial Court settled three issues.