- (1.) This Second Appeal is arising out of the Judgment and Decree dated 5.10.2005 passed by the learned District Judge, Sirohi in Civil Appeal No. 3/2003 "Shiv Singh & Ors. v. Mangal Singh & Ors." who allowed the appeal filed by the present respondents-defendants appellants-plaintiffs and set aside the Judgment and Decree dated 21.1.2003 passed by the learned Civil Judge. (Junior Division), Sirohi in Civil Suit No. 35/1998 "Mangal Singh & Ors. v. Shiv Singh & Ors." by which, the learned Civil Judge (Junior Division) had decreed the suit filed by the plaintiffs-Mangal Sigh & Ors. seeking permanent injunction in relation to dispute of 'way1 measuring 5 to 6ft. in width and 20ft. in length situated in front of the houses of the parties to the dispute at village Jhadoli, District-Sirohi.
(2.) The present Second Appeal has been filed by the appellants, who were the plaintiffs before the learned Trial Court, against acceptance of First Appeal, as filed by the defendants, by the learned First Appellate Court, while setting aside the Judgment and Decree dated 21.1.2013 of the learned Trial Court whereby the defendants were restrained from raising any construction on the disputed land and for removing the construction, already made.
(3.) The learned Trial Court, after framing of the relevant issues arising out of the plaint and written statement of the parties and leading of relevant evidence, vide its order dated 21.1.2003 had decreed the suit of the plaintiffs as under ;