HEMA RAM & ORS. Vs. RAM SINGH

JUDGEMENT

(1.) These writ petitions are directed against order dated 2.5.14 passed by the Additional District Judge, Sujangarh in Appeal No. 6/10, affirming the order dated 29.5.10 passed by the Civil Judge (J.D.), Sujangarh in Civil Misc. Case No. 13/10 granting injunction in favour of the plaintiff Ram Singh.

(2.) The relevant facts are that the plaintiff-Ram Singh preferred a suit for 'declaration of easementary right and permanent injunction against the defendants-Smt. Jethi and others, accompanied by an application seeking temporary injunction. The plaintiff claimed that he is using a way passing through the agriculture field of the defendants since the time of his forefathers and therefore he has acquired an easementary right to use the way. The temporary injunction was sought by the plaintiff in terms that pending disposal of the suit, the defendants may be restrained from obotructing the existing way available to the petitioner and may not create hindrance in movement of his livestock, tractor, camel cart etc. passing through the existing way.

(3.) The application seeking temporary injunction was contested by the defendants by filing 3 reply thereto. The defendants specifically denied existence of any way passing through their agriculture field. It was averred that the plaintiff is having way through the land of his brother, which was their joint khatedari land prior to partition thereof and even at present, the petitioner is using the way passing through the land fallen in the share of his brother.