- (1.) The appellant-plaintiffs are aggrieved by the judgment and decree dated 18.2.2005 passed by Additional Civil Judge (Jr. Div.) No.4, Jaipur District, Jaipur, whereby the learned Magistrate has dismissed the suit filed by the appellant-plaintiffs. They are also aggrieved by the judgment and decree dated 5.3.2011 passed by the Additional District Judge No.2, Jaipur District, Jaipur, whereby the learned Judge has confirmed the judgment and decree dated 18.2.2005, and dismissed the appeal.
(2.) The brief facts of the case are that the appellant-plaintiffs have filed a suit for permanent injunction and for demolition of the illegal construction allegedly made by the respondent-defendants. The appellants have claimed in their plaint that in Ward No.5 situated in Chaksu in front of Raj Talkies, they are the owners of a Bara measuring 35 feet North to South, and 58 feet East to West. They further claimed that on the Eastern side of the Bara there is a gate. However, one Prabhu Lal has encroached upon the land on the Eastern side. They further claimed that the respondent-defendants have equally encroached upon the Sourthern side and narrowed the public way. Therefore, they sought permanent injunction against the respondent-defendants and also prayed that the illegal encroachment constructed by the respondent-defendants should be demolished.
(3.) The respondent-defendants filed their written-statement and denied the contents of the plaint. The learned Trial Court framed eight issues including the issue of relief. In order to buttress their case, the appellants examined three witnesses, and submitted fifteen documents; whereas the respondent-defendants examined four witnesses, and submitted ten documents. After going through the oral and documentary evidence, by judgment and decree dated 18.2.2005 the learned Magistrate dismissed the suit filed by the appellants.;