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2007 Supreme(SC) 1581

HARJIT SINGH BEDI, S.B.SINHA
Gurunath Manohar Pavaskar – Appellant
Versus
Nagesh Siddappa Navalgund – Respondent


JUDGMENT

S.B. SINHA, J. —

1.Leave granted.

2.Defendants before the Trial Court are the appellants herein.

3.Plaintiffs Respondents filed a suit against the appellants praying inter alia for the following reliefs :

“(a)That the encroached portion of the suit property by erection of structure measuring 369 1/9 sq. yards be directed to be demolished at the cost and risk of Defendant No. 1 to 5 consequently defendants be further directed to maintain the rules of set-back in respect of his remaining construction enabling plaintiff to use and enjoy the free light and air to his property and similarly defendants No. 6 be directed to remove the sign board and the firm from the encroached area of the suit property. Further defendants be directed to give the respective vacant possession of the suit land to the plaintiffs.

(aa)A decree of permanent injunction against defendants, their agents, their relative or any body on their behalf to interfere with the plaintiffs peaceful possession and enjoyment of suit property–”

4.Respondents contended that they are owners of a portion of Survey No. 1008/1 bearing CTS Nos. 4823/A-17 and 4823/A-18 measuring 662 2/9 and 533 3/9 square yards respectively and the






















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