GOPAL Vs. MOTI LAL

JUDGEMENT

(1.) This civil second appeal has been filed by the appellants-defendants (for short 'the defendants') against the judgment and decree dtd. 23/2/2011 passed by the Additional District Judge (Fast Track), Bandikui, Headquarter Dausa, Camp at Lalsot in Civil Appeal No.02/2009, whereby the appellate Court dismissed the appeal filed by the defendants and affirmed the judgment and decree dtd. 7/11/2008 passed by the Civil Judge (J.D.) Lalsot, District Dausa in Civil Suit No.344/1992, by which the trial Court decreed the suit filed by the respondent-plaintiff (for short 'the plaintiff') for permanent and mandatory injunction.

(2.) Brief facts of the case are that the plaintiff filed a suit for permanent and mandatory injunction against the defendants in which plaintiff sought a relief that defendants be directed to open 80' x 16' way situated at Village Salempura and to restrain them in creating obstruction thereon.

(3.) Defendants filed the written statement and denied the averments made in the plaint and stated that the plaintiff filed the suit without any cogent reason. There is no way/land, which belongs to the plaintiff. Khasra No.53 is agriculture land of the defendants. So, suit be dismissed.