Chakradhari Sharan Singh, J.

This second appeal has been filed against the judgment and decree dated 31.10.2013, passed by the learned Ad hoc Additional District and Sessions Judge V, Patna, in Title Appeal No. 47 of 2010., whereby the learned appellate court below has reversed the judgment and decree dated 21.05.2010, passed by the learned Sub-Judge-II, Danapur, Patna, in T.S.No.78 of 1999, whereby the said suit was dismissed.

2. The suit was instituted by the respondent herein, seeking declaration of his right of easement over a piece of land described in Schedule-III of the plaint, a pathway. He also sought for a declaration that the appellant-defendant did not have any right to cause any obstruction in peaceful user by the respondent(plaintiff) over the suit land and, if during the pendency of the suit, any kind of obstruction was created, the same be directed to be removed.

3. By way of amendment, the respondent had prayed for removal of obstruction created by the appellant/defendant from the suit land.

4. I have heard Mr. Jitendra Kishore Verma, learned counsel, appearing on behalf of the appellant (defendant) and Mr. J.S.Arora, learned senior counsel, appearing on beha