STATE OF RAJASTHAN Vs. SOHANI DEVI

JUDGEMENT

(1.) A civil suit was filed by Smt. Sohani Devi and Smt. Kamla Devi for permanent injunction. According to the suit the plaintiffs owned plots of land. There was a way leading to their plots. There was an old way on the western side of the civil courts at Shahpura. This was the only way leading to their plots bearing Khasra No. 2368 to 2373. There was no alternate way leading to these plots. The defendants in order to close this way started construction of a building. Many a time it was requested not to close the way in this way and ultimately a notice under Section 80 CPC was given. Then a suit was filed.

(2.) The case of the defendants was that Treasury Office was constructed and the boundary wall of the office was being constructed. The plaintiffs had no right or authority to stop it. The way was denied. It was further pleaded that the agricultural land was not being used by plaintiffs for the purpose of agriculture instead it was converted into 116 residential plots of 40' x 25' each and sold to 62 different persons. Instead an alternative way was pleaded which was existing since long. The trial Court after discussing the evidence in a very elaborate manner dismissed the suit. An appeal was preferred before the learned District Judge, Bhilwara which was transferred to Additional District Judge No. 1. Since no stay was granted during the appeal the petitioners' way was closed during the night of 24th and 25th October, 1996 by the respondents State Government and others. Then during the pendency of appeal the petition under Order 39, Rules 1 and 2 read with Section 151, C.P.C. was submitted by the appellants before the appellate Judge and he after hearing both the parties ordered the petitioners to remove the obstruction and keep the site in the manner it was lying on the date of presentation of the suit. It was further ordered that the obstructions raised by the petitioners be removed within a period of 15 days. It is against this order that this revision petition has been submitted.

(3.) I have heard the learned counsel for both the parties at length.