[2025:RJ-JP:5808] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 202/2022 1. Mohiddin S/o Late Bhure Khan, Aged About 72 Years, R/o Ward No. 31, Mohalla Qureshiyan, Sikar, Tehsil And District Sikar. 2. Smt. Sayara Bano W/o Mohiddin, Aged About 70 Years, R/o Ward No. 31, Mohalla Qureshiyan, Sikar, Tehsil And District Sikar. 3. Jubeda D/o Mohiddin, Aged About 43 Years, R/o Ward No. 23, Mohalla Qureshiyan, Sikar, Tehsil And District Sikar Rajasthan. ----Appellants Versus 1. Salimuddin S/o Sirajuddin, R/o Ward No. 31, Mohalla Qureshiyan, Sikar, Tehsil And District Sikar. 2. Mohsin Ali S/o Anwar Husain, R/o Ward No. 29, Near Fatma Masjid, Devipura Kothi, Sikar. 3. Jhabruddin S/o Bhure Khan Tagala, R/o Ward No. 31, Mohalla Qureshiyan, Sikar, Tehsil And District Sikar. 4. Mehmood S/o Jhabruddin, R/o Ward No. 31, Sikar, Tehsil And District Sikar Rajasthan. 5. Maqsood S/o Jhabruddin, R/o Ward No. 31, Sikar, Tehsil And District Sikar Rajasthan. 6. Farooq S/o Jhabruddin, R/o Ward No. 31, Sikar, Tehsil And District Sikar Rajasthan. 7. Arif S/o Jhabruddin, R/o Ward No. 31, Sikar, Tehsil And District Sikar Rajasthan. 8. Shahin S/o Jhabruddin, R/o Ward No. 31, Sikar, Tehsil And District Sikar Rajasthan. ----Respondents For Appellant(s) : Mr. Vijay Kumar Jangid For Respondent(s) : Mr. Naveen Dhuwan Mr. Pradeep Bochaliya HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/02/2025 1. Instant second appeal is preferred by appellant plaintiff after dismissal of civil regular appeal no. 76/2015 by learned Additional District Judge no.4, Sikar affirming the judgment and decree [2025:RJ-JP:5808] (2 of 2) [CSA-202/2022] dated 28.10.2015 in civil suit no. 429/2014 (166/2012) passed by learned Civil Judge, Sikar. 2. During course of argument, learned counsel for appellant submits that the appellant plaintiff has filed a civil suit for declaration, cancellation of sale deed and permanent injunction about a common passage claimed by plaintiffs as 4 feet whereas by respondent as 6 feet. He further submitted that this passage is used by both the parties as common. 3. During course of argument, learned counsel for plainitff appellant has referred width of the passage and the photographs of passage and submitted that same is shown in photographs, therefore, the photographs are taken on record with consent of the counsel for the parties. 4. The counsel for the parties agreed that the dispute can be resolved if both the parties are restrained from encroachment over the passage as available at the spot and shown in photograph. 5. Learned counsels further submits that the parties undertake not to encroach/construct or cause any obstruction on this passage and on the basis of their statement a decree be passed and present second appeal is disposed of. 6. Having considered the submissions, the instant second appeal is disposed of in light of the statement made by the counsel for the parties before the Court. 7. Decree be drawn accordingly. 8. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /18