IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 27 OF JANUARY, 2026 SECOND APPEAL No. 2625 of 2023 SURDAS @ RUSTAM SINGH Versus SHRI KRISHNA AND OTHERS Appearance:

Mr. Gaurav Mishra - Advocate for appellant.

Mr. Rahul Chauhan - Advocate for respondents.

JUDGMENT This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 15/09/2023 passed by District Judge, Mehgaon, District Bhind in Regular Civil Appeal No. 67/2020, by which judgment and decree dated 28/01/2020 passed by Second Civil Judge, Class I, Mehgaon, District Bhind in RCSA No. 68/2017 was set aside, and suit filed by appellant has been dismissed.

2. Appellant is the plaintiff who has lost his case from the First Appellate Court.

3. The facts necessary for disposal of present appeal, in short, are that appellant/plaintiff filed a suit for easementary right. It is his case that plaintiff and defendants are the residents of same village and their houses are adjoining to each other. The only passage from the house of plaintiff to reach to the main road is a 10 feet wide street which is 60 feet long. Entire dispute is with regard to the aforesai