2014 Supreme(Raj) 1562
ARUN BHANSALI
Maluram – Appellant
Versus
LRs of Late Smt. Jethi – Respondent
Advocates:
For the Appellant:Pradeep Choudhary, Advocate.
JUDGMENT
1. - This second appeal under Section 100 C.P.C. is directed against the judgment and decree dated 14.11.2006 passed by the Civil Judge (Jr. Div.), No. 1, Sujangarh, District Churu and the appellate judgment and decree dated 15.2.2014 passed by the Additional District Judge, Sujangarh, District Churn, whereby the suit filed by the respondent-plaintiff seeking permanent injunction has been decreed and the appeal filed by the appellant has been dismissed by the First Appellate Court.
2. The facts in brief may be noticed thus : the plaintiff filed a suit for permanent and mandatory injunction against the defendant, inter-alia, with the averments that at Village Tehandesar, Tehsil Sujangarh, District Churu for public Guwad ('way'), the plaintiff purchased the land from Gram Panchayat by Patta file No. 98 of 1985 ad measuring about 3642 Yards. The patta was issued by the Gram Panchayat through Kishna Ram. The land of open chowk and way was sought to be trespassed by the defendant, which is necessary to be stopped and his possession needs to be removed. The defendant was requested several times to remove the obstruction, however, he is bent upon trespassing on the land and raised
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