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1978 Supreme(Raj) 361

S.K.M.LODHA
Deva – Appellant
Versus
Godar – Respondent


Advocates:
For the Petitioner:R.L. Purohit, Anuplal Jain & G.P. Rakecha, Advocate.
For the Non-petitioner:D.S. Shishodia, Advocate.

JUDGMENT

1. - This is a plaintiff's revision against the order of the learned District Judge, Udaipur dated September 14, 1978 by which he vacated the order of temporary injunction dated August 28, 1978 passed by the learned Munsiff, Kanor and arises out of an application filed by the plaintiffs-petitioners under Order 39 Rule 1 read with Section 151, Civil Procedure Code.

2. The plaintiffs-petitioners instituted a suit for declaration and permanent injunction against the defendants-non-petitioners in the court of Munsiff, Kanor alleging that they have been using the disputed land marked MN and the entrance marked XY shown in the plan appended to the plaint for going to their fields bearing Khasras Nos. 363 and 361. It was also mentioned that for cultivation and for bringing the harvest & crop by ballock carts, the way marked MN has been continuously used by them and that is the only way for going to the plaintiffs' fields It was prayed in the plaint that the defendants maybe restrained by means of permanent prohibitory injunction from interfering with their right of way as stated by the plaintiffs. The suit was based on acquisition of easement right of way by prescription. The alle











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