This appeal filed under section 100 of the Civil Procedure Code, 1908 is by the original defendant No. 1 who is aggrieved by the decree passed by the first Appellate Court decreeing the suit filed by the respondent No. 1 herein.

2. The respondent No. 1 is the original plaintiff. It is her case that she is the owner of the Plot No. 05/33 situated at Gondia. This plot was purchased by her along with her son on 4-8-1983. Towards the western side of that plot, the house of defendant No. 1 on plot No. 05/18 was situated. There was a service-lane between both the houses admeasuring about 348 feet. According to the plaintiff, this service lane was in existence since long. The defendant No. 1 had constructed a wall at the entrance of the service-lane without obtaining any permission of the Municipal Council, hence the Municipal Council removed the said wall. The defendant No. 1 reconstructed the said wall after obtaining the permission in a illegal manner. The plaintiff therefore filed a suit for mandatory injunction that the defendant be directed to remove the said wall and keep the service-lane open as an approach way.

3. The defendant No. 1 filed his written statement at Exh.43.