JUDGMENT :

SUDESH BANSAL, J.

1. The civil suit for permanent injunction and for demolition of construction allege to be made on the joint portion of Chawk, Pol and open land, bearing Civil Suit No. 135/1969 titled as Shri Narain vs. Radha Mohan Lal was dismissed by the Civil Judge (Jr. Division) East Jaipur City (hereinafter referred to “the Trial Court”) vide judgment and decree dated 26.08.1976 but on filing the first appeal by the plaintiff-Shri Narain, the First Appellate Court set aside the judgment and decree dated 26.08.1976 passed by the Trial Court and decreed the civil suit in favour of plaintiff and against the defendant vide judgment and decree dated 16.04.1983 (19.04.1983), hence feeling aggrieved by the decree for demolition of construction, the original defendant-Radha Mohan Lal has preferred the present civil second appeal under Section 100 CPC. The operative portion of the impugned judgment and decree dated 16.04.1983 (19.04.1983) passed by the First Appellate Court in Civil First Appeal No. 4/1977 is being extracted hereunder:

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