Advocates:
['DEELIP KAWADIA', '', 'RANJEETA KAWADIA', 'GS RATHORE', 'BL BHATI']

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: 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

HON'BLE MR. JUSTICE P.K. LOHRA, J.

Mr. Deelip Kawadia, for the appellant.

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

- -

BY THE COURT:

Appellant-plaintiff has laid this second appeal

to challenge the impugned judgment and decree dated

8^th 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 19^th 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.

2

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