SULTAN Vs. AAM JANTA

JUDGEMENT

(1.) THIS second appeal under section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 13.8.2009 passed by the Additional District Judge (Fast Track) Bandikui, Head Quarter at Dausa District Dausa in Civil Appeal no. 8/2007 (32/2004) whereby the judgment and decree dated 5.8.2004 passed by the Civil Judge (Senior Division), Dausa in Civil Suit No.91/2003 has been confirmed.

(2.) BRIEFLY stated the facts for the disposal of the present second appeal are that the appellant was defendant in the suit filed by the respondents. In the suit a prayer was made by the plaintiff to grant permanent injunction and to restrain the defendant from creating hindrance in the use of the way which is passing through khasra nos. 274, 308 and 310 situated in village Bhankari, Tehsil and District Dausa. The learned trial court proceeded with the trial and on 11.12.2003 drew exparte proceedings against defendant nos. 2, 4 and 5 and also closed the right to file written statement in relation to defendant nos.1 and 3 in the suit as more than 90 days time was taken by the defendant in filing the written statement. On 7.1.2004, exparte proceedings were ordered against defendant nos. 1 and 3 as they did not appear. The matter thereafter was fixed for recording evidence of the plaintiff. The plaintiff examined six witnesses and tendered three documents in evidence. After hearing the plaintiff, the trial court decreed the suit vide its judgment and decree dated 5.8.2004 and issued permanent injunction in relation to the disputed passage to the effect that in the map the way shown shall be used by the plaintiffs and other villagers and further the defendant in the suit shall not create any hindrance in the peaceful use of the passage. The appellant having felt aggrieved preferred regular appeal which was decided by the Additional District Judge (Fast Track), Bandikui Head-quarter Dausa on 13.8.2009. The appellate court dismissed the appeal and confirmed the judgment and decree passed by the trial court. Hence, the present second appeal has been filed.

(3.) IN view of peculiar facts and circumstances of the case as discussed here-in-above, the authorities cited by the learned counsel are of no help to him. The appeal being devoid of merit is liable to be dismissed. IN the result, this second appeal stands dismissed.