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2012 Supreme(Raj) 1327

PREM SHANKER ASOPA
Kanhaiya Lal – Appellant
Versus
Sukhdev – Respondent


Advocates:
For the Plaintiff/Appellant:S.R. Choudhary, Advocate.
For the Respondent: None.

JUDGMENT

1. - By this second appeal, the plaintiff-appellant has challenged part of the judgment and decree dated 01.12.2011 passed by the District Judge, Sikar in Civil Regular Appeal No.39/2011 so far as the same relates to the setting aside the judgment and decree dated 6.8.2011 passed by the Civil Judge (Sr.Division), Danta Ramgarh in Civil Suit No.22/2009.

2. Briefly stated, the facts of the case are that the plaintiff-appellant filed a civil suit for permanent injunction with the averments that there is a personal way for approaching his Haveli, which has been marked as 'EFGHI' and the same is 18' 6" at place F to G and 11' 9" at place E to H and in between its width is 13' 9". Except the plaintiff-appellant, no other person has any right to use the said way in any manner. The defendant-respondents had collected the construction material and wanted to obstruct the said way by opening a new gate and Chhajja, Jangla which will result in narrowing the said way, therefore, permanent injunction may be issued in his favour.

3. The defendant-respondents filed the written statement wherein it was stated that the map filed by the plaintiff was wrong and the defendants are filing the cor












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