P.K. Lohra, J.

The appellants-defendants have preferred this second appeal under Section 100 CPC against impugned judgment and decree dated 16th March 2010, passed by Addl. District & Sessions Judge (Fast Track) No.3, Udaipur camp Salumber (learned lower appellate Court), affirming the judgment and decree dated 18th October 2008 passed by learned Civil Judge (Sr. Div.) Salumber, Udaipur (learned trial Court) whereby the suit filed by respondent-plaintiff for permanent and mandatory injunction against appellants-defendants was decreed.

2. The matrix of the facts, relevant for disposal of the present appeal, as emanating from the record, are that respondent-plaintiff filed a suit against appellants-defendants for mandatory and permanent injunction for removing illegal construction inter-alia stating that the houses of plaintiff and defendants are situated in Ward No.5 of Salumber town and for ingress and egress they have to pass through an arched gateway on a narrow lane of 4 ft constructed in the year of 2000 for the inhabitants residing inside the said gateway. According to the plaintiff, his house situate in the northern side and the main gate opens toward southern side to