( 1 ) INVOKING the jurisdiction of this Court under section 100 of the Code of civil Procedure, the appellant-defendants have filed this second appeal challenging the judgment and decree dated 5-12-1986 passed by the District Judge in Regular Civil Appeal no. 25/1986, whereby the appeal has been partly allowed and the judgment and decree passed by the trial Court is set aside and the defendants arc restrained from disturbing the use of the lane of the present width (of which location is shown in schedule C) up to the extent of 35 feet from the northern end towards south and further restrained from constructing or committing any act that would offend the plaintiffs right to use the lane over the aforesaid 35 feet part of the lane.

( 2 ) BRIEF facts are required to be stated as under. : the plaintiff and defendants are from the same family and they owned ancestral property which was the subject matter of the partition. The partition deed dated 01/1/1949 (Exh. 63) was reduced into writing. The father of the plaintiff and each brother got separate share in the property. The father of the plaintiff got a building. To the east of the plaintiff's house there is lane. The width of