Dinesh Maheshwari, J. - (1.) - Civil Suit No. 43/1981 filed by the petitioner- plaintiff was decreed ex-parte on 12.1.1982 by the learned Munsif, Banswara and an injunction was issued against the defendants that they would not construct latrine in the disputed lane and would not obstruct using of the lane by the plaintiff. The said decree has admittedly been become final.
(2.) An execution application was filed by the petitioner-decree-holder alleging that judgment debtors have created obstruction in the use of the lane by putting a gate at the easter corner. The judgment-debtors contested this execution application on the ground that the gate does not create any obstruction and the alleged lane was not a public lane but was only an extension of the house of the judgment debtors. The learned executing Court considered the questions raised in the execution application and after recording evidence of the parties, decided two specific questions involved in the case, namely about status of the disputed lane and as to whether under the decree dated 12.1.1982, the decree holder was extended only an easement or the plaintiff had independent right of passing through the lane."
(3.) The learned executing Court found that the disputed lane was a public way and judgment debtors were not having any exclusive right over the same. The learned executing Court also found that under the decree, the decree holder was not extended any easementary right but the lane was of public use which could be used uninterruptedly by the decree holder and the judgment debtors.;