The original defendants have by this Second Appeal challenged the reversing judgment dated 22.12.1989 delivered by the I1nd Additional District Judge, Nagpur in Regular Civil Appeal No.503/1984. By that judgment while setting aside the dismissal of Regular Civil Suit No.31/1978, filed by the present respondents in the Court of 3rd Joint Civil Judge, Junior Division, Nagpur; the Lower Appellate Court permanently restrained the appellants from erecting any structure over the portion lying to western side of the plaintiffs' plot no.20A in Khasara no.54 of Sakkardara Road, Mouza Sakkardara, Tahsil and District Nagpur. The suit was filed by the respondent contending that to the West of his plot no.20A . there is 80 feet Wide public road and present appellants have started construction over the said road illegally. The suit was dismissed by the tria1court, after observing that the plaintiff could not establish that said construction undertaken by the, defendants in any way constitutes invasion of his legal right. It found that as per report of Commissioner, there was no road existing on West side of plot no.20A. The Lower Appellate Court while reversing this judgment found th