HIGH COURT OF UTTARAKHAND AT NAINITAL

Second Appeal No.75 of 2013

Jagdeep Kumar Agarwal and others ….....Appellants

Versus

Smt. Asha Negi and others ….….Respondents

Present:-

Mr. K.H. Gupta, Rafat Munir Ali and Ms. Irum Zeba,

Advocates for the appellants.

Mr. T.A. Khan, Sr. Advocate assisted by Mr. Mohd. Shafy,

Advocate for the respondents.

Hon’ble Rakesh Thapliyal, J.

The instant second appeal has been preferred

by the plaintiffs/appellants against the judgment and decree passed by the learned Additional District Judge, Kotdwar, Garhwal, dated 22.04.2013/25.04.2013 in Civil Appeal No.4 of 2010, Smt. Asha Negi and another vs.

Jagdeep Kumar Aggarwal and others.

2. Brief facts of the case are that a suit was filed by the appellants bearing O.S. No.45 of 2005 praying for demolition of a wall raised by the defendants marked as ‘X’ in the plaint map as well as for restraining the defendants and their agents from creating any hindrance on the plaintiffs in using the common path. In the suit, written statement was filed by the defendants by submitting that the path in question is not a common passage and the plaintiffs have no right to use the same.

3. After exchange of pleadings, the trial court frame