DEEPAK MAHESHWARI, J. - (1.) Petitioners have preferred this writ petition to challenge the validity of the order dated 29.09.2016 passed by Addl. District Judge No.3, Chittorgarh in Civil Case No.22/2014 (Lehru v. Shambhu Lal and Ors.) whereby the learned lower appellate Court has proceeded to allow the appeal filed by the plaintiff Lehru and reversed the order dated 13.11.2014.
(2.) Heard learned counsel for both the sides and perused the order dated 13.11.2014 passed by learned Civil Judge, Gangrar as also the order dated 29.9.2016 passed by learned Addl. District Judge No.3, Chittorgarh, also perused the copy of the site plan annexed with the suit and the site inspection report and sketch of the site in dispute prepared by the site commissioner.
(3.) Facts in brief are that plaintiff Lehru filed a civil suit against the petitioners and other proforma respondents along with an injunction application with the prayer that the defendants be restrained from demolishing the plot of his ownership and possession situated in 'aabadi' area of Gram 'Aajoliya ka Kheda" and further be restrained from causing any damage therein. A counter injunction application was also filed by the respondents for restraining the plaintiff from creating any obstruction in the 15 ft. wide way existing in north side of Khasra No.687, which connects the public way going to village 'Putholi' and the way existing in Khasra No.688. Vide order dated 13.11.2014, learned Civil Judge rejected the application filed by the plaintiff Lehru while granting the application filed by defendants.;