PRAKASH GUPTA,J. - (1.) This Civil second appeal under section 100 of CPC is directed against the judgment and decree dated 29.7.2017 passed by the learned Additional Sessions Judge No. 9, Jaipur Metropolitan, Jaipur, in Civil Appeal No. 7/2012 filed against the judgment and decree dated 03.02.2012 passed by the learned Additional Civil Judge (J.D.) Jaipur Metropolitan in a civil suit No. 616/1994.
(2.) The brief facts giving rise to this appeal are that the plaintiffs-appellants with Late Captain C.R. Dudi s/o Shri Nandram Dudi filed a civil suit No. 616 of 1994 for perpetual injunction in the court of Additional Civil Judge (J.D.) Jaipur West, Jaipur Metropolitan pleading therein that plaintiffs-appellants are residents of Kailash Nagar Colony, Jhotwara and representing Kailash Nagar, Kumawat Colony and Prem Nagar Colony. The aforesaid colonies are situated adjacent to military area Jhotwara. In the aforesaid colonies the ex-army personnel are residing with their families since long. It has been pleaded that there is a road situated on Jhotwara Road opposite to Assam maida factory connecting to the aforementioned residential Colony which is used for the residents of the aforesaid colonies as public way. The respondents made attempt on 2.12.1994 to obstruct the aforesaid road. The plaintiffs prayed for restraining respondents from making any kind of obstruction in the aforesaid road.
(3.) The stand of the respondents was is that the alleged road is not a public road, the said road has never been used by the residents of the aforesaid private Colonies, the road belongs to the respondents and has been constructed and is being maintained by the respondents for sole use of Army establishment and is occupied by them.;