Decided on July 25,1984

POOSA RAM Appellant
GHASI RAM Respondents


S.S.BYAS, J. - (1.)THIS civil second appeal has been filed by the plaintiff who won his suit in respect of a right of way in the trial court but lost it in the first appellate court of Civil Judge, Merta Headquarters Nagaur.
(2.)THE respondents did not put appearance despite service of notice on them. As such the appeal was heard in their absence.
Plaintiff Poosa Ram instituted a suit against the defendants Ghasiram and Sheodan in the court of Munsif, Deedwana in respect of a right of way The case set up by him is that the enclosure bearing Khasra No.486 situata in village Dhingsari is of his ownership and possession. 1 here runs a public wav adjacent to his Bara which has been duly recorded to be a public way in therevenue records. This public way bears Khasra No. 483. The plaintiff has been regularly using this public way to go his aforesaid emclosure. The defendants closed this public way and included it in their enclosure. The public way thus stood compeletly blocked. The relief claimed was that the encroachment made by the defendants in the public way bearing Khasra No. 483 be removed. The suit was contested by the defendants through a joint and common written statement. According to them, the plaintiff had never used the way in dispute as pleaded by him. However, no denial was mide that Khasra No. 438 is not a public way. The learned Munsif raised the necessary issues and after trial, decreed the plaintiff's suit in terms prayed for by him. The defendants wait in appeal which was heard by the learned Civil Judge. The learned Civil Judge allowed the defendants' appeal, set aside the judgment and decree of the learned Muasif and dismissed the plaintiff's suit.

(3.)RESPONDENT Sheodan passed away during the pendency of appeal in this Court. No efforts were made to bring his legal representatives on record by the plaintiff. As such the appeal shall stand abetted as against him.

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