ORDER :

1. The present appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) emanates from the judgement and decree dated 31.01.2002 dismissing Civil Suit No.5253 of 1988 instituted by the appellants-original plaintiffs seeking right of way and permanent injunction against the defendants from their plot.

2. After examining the oral and documentary evidence, the trial Court has dismissed the suit by observing that the plaintiffs have failed to prove the right of way of easement of necessity as the property being Final Plot No.227-1 is owned by the defendants. It is also held that an alternative way is available for the plaintiffs for ingress and egress and hence, the plaintiffs cannot claim the right of easement of necessity.

3. Learned advocate Mr. Trivedi, appearing for the appellants-original plaintiffs, has submitted that in fact the Court below has framed incorrect issues below Exh.70. It is submitted that the plaintiffs have claimed the right of way in the concerned property on the basis of the easement of necessity and the averments made in the sale deed, by which the defendants purchased the property below Exh.96. It it submitted that in fact the Court below