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2014 Supreme(Raj) 1616

ARUN BHANSALI
Ram Prakash – Appellant
Versus
Kesa Ram – Respondent


Advocates:
For the Appellants:Jitendra Chopra, Advocate.
For the Respondents:B.S. Mertia, Advocate.

JUDGMENT

1. - This second appeal under Section 100 CPC is directed against judgment and decree dated 27.08.2011 passed by Additional District Judge (Fast Track) No. 1, Pali Head Quarter Jaitaran, whereby, judgment and decree dated 19.01.2010 passed by Civil Judge (Junior Division), Bar, District Pali has been set aside.

2. The facts in brief may be noticed thus: the plaintiff Kesa Ram filed a suit for permanent, mandatory and prohibitory injunction against the defendants, inter alia, with the averments that at village Raipur in front of Bus Stand defendant Nos. 2 and 3 proposed a residential colony, wherein, the plaintiff along with other persons purchased residential plots; for getting into the said residential colony from the main road, a 12 ft. wide road exists, where after, the road is 15ft. wide and filed a site map along with the suit; it was claimed that the road was being used by the plaintiff and other persons from the time the plots were purchased by them; the road was indicated in the registered sale deeds relating to the said plots and from the said road the water pipe lines have been placed for getting into the colony; the road was the only main road to get into the col














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