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2019 Supreme(Raj) 1694

SANJEEV PRAKASH SHARMA
Topwell Projects Consultants Ltd. – Appellant
Versus
Prem – Respondent


Advocates Appeared:
Mr. Pradeep Choudhary, Advocate, for the Appellant; Mr. Dinesh Yadav, Advocate, for the Respondent

JUDGMENT

Sanjeev Prakash Sharma, J. - By way of this writ petition, the defendants-petitioners have prayed for quashing and setting aside the order impugned dated 07/08/2015 whereby the objections filed by them against the inspection conducted by the Commissioner appointed by the learned trial court have been rejected and the inspection report has been accepted.

2. Brief facts which need to be considered are that the plaintiff-respondent (Sher Singh), whose legal heirs are respondents in the present writ petition, filed a suit for declaration against the defendants-petitioners stating that he is co-tenant of the land bearing Khasra No.184 together with Khasra No.183, 183/335, 184/336, 182/334, 197, 198, 167, 170 situated at Village Thada, Tehsil Tijara, District Alwar.

3. Along-with the suit, the plaintiff-respondent also moved an application under Order 39, Rule 1 & 2 CPC praying for injunction as against the defendants-petitioners for restraining them from causing hindrance in use of the way, having 20ft. width and 350ft. Length, leading to the lands of the plaintiff-respondent.

4. The defendants-petitioners filed written statement and reply to the application for temporary injunctio

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