:: J U D G M E N T ::

S.B. CIVIL SECOND APPEAL No.171/2013 Shivram V/s. State of Rajasthan & Ors.

Date of Judgment ::: 03.08.2015 P R E S E N T H ON'BLE MR. JUSTICE P.K. LOHRA, J.

Mr. Deelip Kawadia, for the appellant.

Mr. B.L. Bhati, for the respondents.

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BY THE COURT:

Appellant-plaintiff has laid this second appeal to challenge the impugned judgment and decree dated 8th of August, 2013 passed by Additional District Judge, Rajsamand (for short, 'learned lower appellate Court'), whereby learned lower appellate Court has upheld judgment and decree dated 19th of July, 2011 passed by learned Civil Judge (Jr. Div) Kumbhalgarh, District Rajsamand (for short, 'learned trial Court') dismissing suit of the appellant-plaintiff for permanent injunction.

Facts, in brief, are that appellant-plaintiff laid civil suit for perpetual injunction against respondents precisely on the ground that he is owner of land bearing Khasras No.534 and 535 village Bhawani Ki Bhagal, Tehsil Kumbhalgarh. The positive assertion of the appellant in the plaint is that for his ingress and egress to the agricultural land the only way available is from Village Bhawani Ki Bhagal to Nathdwara Ghata Road towards south-eastern