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2024 Supreme(Raj) 187

NUPUR BHATI
Bharmal, S/o. Harji Ram – Appellant
Versus
Khema, S/o. Meghraj (Deceased) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Suresh Shrimali, Mr. Teja Ram, Mr. Rishabh Shrimali.
For the Respondent: Mr. Moti Singh.

JUDGMENT :

1. The instant writ petition has been preferred by the petitioners/defendants under Article 227 of the Constitution of India seeking following relief :

    “It is, therefore, most respectfully prayed on behalf of petition that the writ petition may kindly be allowed with costs throughout and the impugned order dated 25.01.2024 (Annexure-12) passed by the Senior Civil Judge, Sanchore in Civil Execution Case No.06/2023 (CIS No.06/2023) may kindly be quashed and set aside.

Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners. Costs of the writ petition may kindly be awarded to the petitioners.”

2. Brief facts of the case are that the respondents/plaintiffs filed a suit for eviction against the petitioners/defendants, which was decreed by learned trial court on 16.01.2016 (Annexure-1) whereby the petitioners/defendants have been directed to provide the way from Points ‘E to F’ from their araji at the expenses of the petitioners in order to give the respondents right of easement and peaceful way. Thereafter, the petitioners filed a first appeal which

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