JUDGMENT

This second appeal, under Section 100 of CPC, has been filed against the judgment and decree dated 11/12/2001 passed by IV Additional District Judge (Fast Track Court), Shivpuri in Civil Appeal No. 6A/2001, by which the judgment and decree dated 24/4/1995 passed by II Civil Judge Class II, Shivpuri in Civil Suit No.37A/91 has been reversed.

2. Appellants are defendants, who have lost their case from the first appellate Court.

3. The facts necessary for disposal of present appeal, in short, are that plaintiff/respondent filed a suit for removal of encroachment, nuisance and dirt as well as for opening the street and for closing down the boiler, chimney etc. The case of the plaintiff was that plaintiff/Trust has a building situated in front of Dharamshala Shri Ramchand Phoolchand Agarwal, Shivpuri. Manager/Trustee of the Trust has been authorised by resolution dated 19/02/1978 to take legal action. On the back side of the building a street is situated which opens towards Upbhokta Bhandar and Sarai. Towards this street, big gate of building as well as windows of the Building are situated and the street is used for passage purposes. Except this street there is no other passage