S. V. N. BHATTI, ATUL S. CHANDURKAR
Rajat Kumar – Appellant
Versus
S D Adarsh Jain Kanya Maha Vidyalaya Sadhaura – Respondent
JUDGMENT
ATUL S. CHANDURKAR, J
1. The appellants are the legal heirs of the original plaintiff-Om Parkash. The original plaintiff filed Civil Suit No.426 of 1996 against the respondents-original defendants seeking mandatory injunction for removal of alleged illegal encroachment in the form of a wall constructed by them on the common open space beyond the plaintiff’s house. He further sought permanent injunction seeking to restrain the defendants from raising any further construction thereon. The Trial Court on 06.02.2006 decreed the suit and directed the defendants to remove the encroachment committed by raising the said walls. It also restrained them from raising any further construction over the said walls.
Regular Civil Appeal No.137 of 2006 preferred by the defendants was dismissed on 05.09.2007 and the decree passed by the Trial Court was upheld.
The defendants being aggrieved preferred Regular Second Appeal No.364 of 2008 before the Punjab and Haryana High Court [For short, ‘the High Court’]. By the judgment dated 25.11.2011, the High Court disposed the Second Appeal with a direction to the defendants to pay an amount of Rs.10,000/- with interest @ 12% per annum being half the am
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.