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2024 Supreme(MP) 20

HIRDESH
Dayaram, S/o. Gopalji Patidar, Since Deceased Thr. Sarika, D/o. Dayaram Patidar – Appellant
Versus
State Of Madhya Pradesh, Through The Collector, Dhar (Madhya Pradesh) – Respondent


Advocates Appeared:
For the Appellants : Shri Nitin Phadke.
For the Respondents: Shri Mayank Mishra.

ORDER :

This second appeal under Section 100 of CPC is filed against the judgment and decree dated 09.05.2022 passed by Second District Judge, Manawar, District-Dhar in RCA No.1/2019 arising out of the judgment dated 10.12.2018 passed by Civil Judge, Class-II, Manawar, District-Dhar in Civil Suit No.46-A/2017.

2. Brief facts of the case are that appellants are the joint owners of House No.78, Laxmibai Marg, Indore Road, Manawar located on survey No.248/1 and 250/1/kha of Manawar, Tahsil and District-Manawar. It is averred that there is 18-20 feet road situated towards the southern portion of the aforesaid house, which was being used by the appellants for reaching their house since last more than 40 years. It is also averred that with a view to harass the appellants, respondents parked a seized vehicle on the aforesaid passage and obstructed the right of way available to the appellants for reaching their house. On the aforesaid averments, appellants filed a suit for declaration of their easmentary right and for mandatory injunction for removal of the obstruction as well as for permanent injunction. The suit was contested by the respondents/defendants by filing their written statement

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