Unknown vs Babu
2022 Latest Caselaw 3403 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
          Date      or directions                   COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      19.10.2022                     SA No.134 of 2022
                                     Hon'ble Alok Kumar Verma, J.

The present Second Appeal has been filed against the judgment and decree dated 03.08.2022, passed by the learned VIth Additional District Judge, Dehradun in Civil Appeal No.73 of 2016, "Smt. Kala Devi vs. Babu Lal and Another", by which, the said appeal, filed against the judgment and decree dated 03.12.2015, passed by the learned Trial Court in Original Suit No.478 of 2011, has been dismissed.

Heard Mr. Ramji Shrivastava, learned counsel for the proposed appellant.

The learned counsel for the proposed appellant submitted that the appellant had got the right over the road in-dispute, and, the respondent no.1 - defendant no.1 has admitted in his evidence that the road in-dispute is a common road of the defendants and the plaintiff.

Having heard the submissions of the learned counsel for the proposed appellant, the present Second Appeal is admitted on the following substantial question of law:-

"Whether both the courts below are justified in dismissing the suit/appeal even though the plaintiff has secured the right of easement by prescription over the road in-question?"

Issue notice to the respondents by usual mode as well as by Dasti.

Steps to be taken within 24 hours. List this case on 10.11.2022.

(Alok Kumar Verma, J.) 19.10.2022 Pant/