MAHENDRA KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) The matter has been called out in the second round, but no one has put in appearance on behalf of the contesting respondents. However, learned counsel for the Municipal Council, which is a formal party, of course has provided assistance to this Court.

(3.) The pleaded case of the petitioners is that the petitioners filed a suit against the respondents stating therein that they had purchased a house situated at Manpura Colony, Jalore from their predecessor-in-title in the year 1992. On the other side of the house in question, there was a 4 ft. lane, which was used for easementary purposes, and the windows and ventilators of the said house belonging to the petitioners were open. The easementary rights were in operation for last 40 years. However, the respondents were trying to raise construction, with a view to create hindrance in lawful enjoyment of such easementary rights, and therefore, the suit for declaration of easementary rights and injunction was instituted.