Dr. Vineet Kothari, J. - (1.) THE present second appeal under Section 100 of the Code of Civil Procedure has been filed by the appellants -defendants against the judgment and decree dated 17.05.1994 passed by the learned Additional District Judge No. 2, Chittorgarh in Civil Appeal No. 73/1993 "Pyarchand & Ors. Vs. Nanda & Anr." by which, he affirmed the judgment and decree dated 17.08.1985 passed by the learned Munsif & Judicial Magistrate, First Class, Begun in Civil Original Suit No. 9/1980 "Nanda & Anr. Vs. Nana & Anr." in a suit for permanent injunction which was decreed by the learned Trial Court in favour of the plaintiffs.
(2.) THE legal representatives of the deceased defendant -Roda S/o. Bhuwanaji Suthar, who was defendant No. 2 in the suit filed by the plaintiffs -respondents, and who was the real brother of the defendant No. 1 -Nana, being sons of Bhuwanaji Suthar, have filed the present second appeal in this Court on 25.08.1994 in which, the following substantial question of law was framed by the co -ordinate Bench of this Court on 14.09.1994 which reads as under: - "What is the effect of the Roda's -defendant death on 03.09.84 on the judgment and decree passed by the Courts below." The suit aforesaid was decreed by the learned Trial Court for injunction directing the defendants -Nana & Roda not to create any obstruction in the 12 feet wide way on which, the plaintiffs claimed easementary rights of way for approaching their agricultural fields and the suit came to be decreed on 17.08.1985 with the following findings returned in favour of the plaintiffs by the learned Trial Court which read as under: -
(3.) THE first appeal filed by the defendants -Nana and legal representatives of the deceased Roda, his brother, namely - Pyarchand & Ors. which came to be dismissed by the learned First Appellate Court of Additional District Judge No. 2, Chittorgarh on 17.05.1994, namely, Civil Appeal No. 73/1993 "Nana Lal & Ors. Vs. Nanda & Anr." with the following observations: - ;