Honble GARG, J.–This writ petition under Article 226/227 of the Constitution of India has been filed by the petitioners on 24.11.2003 against the respondents with a prayer that by an appropriate writ, order or direction, judgment dtd. 16.10.2003 (Annex.13) passed by the learned Additional Distt. Judge, Parbatsar (respondent No. 2) in civil Misc. appeal No. 47/99 by which the learned Additional Distt. Judge upheld the order dtd. 29.9.1999 (Annex.6) passed by the learned Civil Judge (J.D.), Makrana (respondent No. 1) by which the learned Civil Judge (respondent No. 1) by which application of the plaintiffs (respondents No. 3 to 10) was allowed against the defendants - petitioners and the plaintiffs - respondents No. 3 to 10) were allowed to use 8ft. Wide way which crosses Khasra No. 401/2 and 401/3 and goes ahead to Khasra No. 409/3, be quashed and set aside.

(2). The facts of the case as put forward by the petitioner are as under:

i) That the respondents No. 3 to 10 (plaintiffs) filed a suit (Annex.1) on 24.9.98 before the respondent No. 1 (Civil Judge) for declaration of rights, permanent injunction and declaration of easementry rights. Along with the suit, an application (Annex.2) f

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