Arun Bhansali, J. - (1.) THIS second appeal under Section 100 CPC is directed against judgment and decree dated 4.9.2013 passed by Additional District Judge, Sumerpur, District Pali, whereby the judgment and decree dated 16.7.2010 passed by Civil Judge (Jr. Div.), Sumerpur has been upheld.
(2.) THE facts, in brief, may be noticed thus: the respondent -plaintiff filed a suit seeking permanent injunction against the appellants -defendants regarding lane existing at Village Koselav. It was claimed that the plaintiff has ventilators, windows and rain water out -lets in the said public lane, however, the defendants were bent upon trespassing and including the same in their property and therefore, they be injuncted from doing so.
(3.) THE defendants filed a written statement and claimed ownership of the lane and submitted that opening of ventilators, windows etc. in the lane was illegal and the suit was liable to be dismissed.;