SURENDRA NATH BHARGAVA, J. - (1.) THIS is defendant's second appeal. Respondents No. 4 to 7 have been served but no body appears on their behalf nor they are present in person.
(2.) I have gone through the judgments of the two courts below as also the record of the case. The present suit was filed for a mandatory injunction and for an order of demolition so that the plaintiffs could have a clear right of way of 6 feet. The suit was contested. The trial court, after framing issues and recording evidence, passed the following decree: (sic) The first appellate court confirmed the said decree. Hence this second appeal.
(3.) LEARNED Counsel for the appellant has only argued before me that he had constructed his house on Plot No. 2 Chabutara which was his own property, and the learned trial court had ordered for demolition of his house on plot No. 2 as well. He has taken me to the evidence led by the parties where in it has come on record that defendant Nos. 2 to 5 also made constructions on the left side of gate on plot No. 6 which has also resulted in reducing the width of the passage.;