- (1.) This is a revision against the order of learned Additional District Judge, Parbatsar dated 28.5.1999 by which he confirmed the order of learned Civil Judge (JD), Makrana dated 24.10.1998.
(2.) I have heard the learned Counsel for both the parties at length.
(3.) Briefly stated, plaintiffs filed a representative suit for declaration and injunction. At application under Order 39 Rules 1 and 2 CPC was also filed plaintiffs are residents of Nagwara, Aasrawa, Rathlia and Laroli. Facts are that there existed a public way in between village Bhinchawa to Rathlia which passed through Akhepura, Nawara and Aasrawa. The way was bifurcated in Bhinchawa. This path way was left by erstwhile jagirdars and the residents of these villages use to pass through it. The way was about 12ft. wide. It was also used by villagers in order to come and go to their fields. But it so happened that at the time of settlement it could not be recorded as a way. The plaintiffs had right of easement to use this 12ft. way as they had been using it for times immemorial without any objection and hindrance. The defendants closed this way and on 23.6.1998 during the night when they blocked it in field No. 7/1 and 4, then the villagers approached the Gram Panchayat, Bhinchawa which passed an order on 25.6.1998 to remove the obstacles. Defendants did not obey the order. Then the Gram Panchayat took the help of Assistant Collector and as of the police and way was opened on 27.6.1998. The defendants again threatened to close it. They ploughed the land by tractor and were thus denying the right of the plaintiffs. Number of affidavits were filed alongwith the application.;