SINJARI DEVI Vs. NORATMAL

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC is directed against judgment and decree dated 01.09.2009 passed by Additional District Judge (Fast Track), Parbatsar, District Nagaur, whereby, the appeal filed by the appellants against judgment and decree dated 07.12.2007 passed by Civil Judge (Senior Division), Parbatsar, District Nagaur has been dismissed.

(2.) THE facts in brief may be noticed thus: the respondent filed a suit for declaration and permanent injunction against the appellants, inter alia, with the averments that the old way as indicated in the site map exists for the use of the plaintiff, which was 10 ft. wide; the defendants were not entitled to obstruct the use of the said field, however, on 22.07.1998 the defendants and other relatives threatened the plaintiff from use of the way; it was claimed that the way for ingress and egress to his field situated in Khasra No. 203 was the only way marked as A to B and, therefore, the defendants are not entitled to stop the said way; several other averments were also made indicating that in documents pertaining to transfer of land in and around the said field, the way has clearly been indicated; it was prayed that the declaration be given that the plaintiff has the customary and easmentry right for use of the way and the defendants be restrained from interfering in the said way.

(3.) THE trial court framed six issues; on behalf of the plaintiff five witnesses were examined and eight documents were exhibited; on behalf of the defendants also five witnesses were examined and four documents were exhibited.