Vineet Kothari, J. - (1.) The appellants (plaintiffs) Gulam Musatafa and three others have preferred the present second appeal under Section 100 of the Code of Civil Procedure, 1908, assailing the impugned judgment and decree dated 07.04.2014 passed by learned Addl. District Judge, Nagaur, dismissing plaintiffs' Appeal No.03/2014- Gulam Mustafa & Ors. v. Mukhtiyar & Ors. and upheld the judgment and decree dated 25.01.2014 passed by learned Addl. Civil Judge (Jr. Division), Nagaur, in Civil Original Suit No.2/2010 (108/2011)-Gulam Mustafa & Ors. v. Mukhtiyar & Ors. , whereby the suit filed by the appellants/plaintiffs against the respondents/defendants for permanent and mandatory injunction with respect to 8-9 Feet wide way, has been dismissed but the counter claim of the defendant, Mukhtiyar Ahmed & Ors, was decreed in their favour.
(2.) The learned trial court vide judgment and decree dated 25.01.2014 dismissed the suit filed by the plaintiffs/appellants. The relevant para/s of the judgment dated 25.01.2014 reads as under:- ...[VERNACULAR TEXT OMITTED]...
(3.) The first appeal filed by the appellants/plaintiffs was also dismissed by the learned Addl. District Judge, Nagaur, vide judgment and decree dated 07.04.2014. The relevant portion of the judgment and decree dated 07.04.2014 reads as under:- ...[VERNACULAR TEXT OMITTED]...;