ORDER :

Vivek Rusia, J.

1. Petitioners/plaintiffs have filed the present petition under Article 227 of the Constitution of India being aggrieved by the order dated 10.11.2020 passed by Civil Judge, Class-I, Bhanpura, district Mandsaur whereby application under Order 39 Rule 1 & 2 of the CPC has been dismissed and thereafter Miscellaneous Appeal filed under Order 43 Rule 1 CPC has also been dismissed vide order dated 22.12.2020 by Additional District Judge, Bhanpura, district Mandsaur.

Facts of the case in short are as under:

2. Plaintiffs filed a suit for declaration and permanent injunction along with an application under Order 39 Rule 1 & 2 CPC. According to the plaintiffs, from north side of their land there is a crossing and public road which was being using from the period of their ancestors i.e. 200 years uninterruptedly without any hindrance, peacefully etc. They are using this public place to reach their houses by way of four wheeler and they have acquired the easementary right. According to the plaintiffs, the defendants i.e. Sree Laxminath Mandir Management Committee have started encroaching the public road by constructing a boundary wall. They have constructed a boundary wal