Mohakam Singh vs Nihal Singh - 2023 Supreme(Raj) 2341

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2341

MAHENDAR KUMAR GOYAL
Mohakam Singh – Appellant
Versus
Nihal Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajendra Prasad Sharma, Advocate.

JUDGMENT :

Mr. Mahendar Kumar Goyal, J. - This civil second appeal has been preferred against the judgment and decree dated 29.11.2017 passed by the learned Additional District Judge No.4, Bharatpur (hereinafter referred to as "the learned appellate Court") in Civil Regular Appeal No.29/2017 (CIS No.693/2014) whereby, while dismissing the appeal preferred by the appellant/defendant (for brevity "the defendant"), the judgment dated 20.03.2010 passed by the learned Civil Judge (Junior Division), Nadbai, District Bharatpur (for short "the learned trial Court") decreeing the Civil Original Suit No.19/2007 filed by the respondent/plaintiff (for brevity "the plaintiff") for mandatory and permanent injunction, has been affirmed.

2. The relevant facts in brief are that the plaintiff filed a suit for mandatory and permanent injunction against the defendant stating therein that he is under ownership and possession of a residential house situated in village Nagla Bahua Tehsil Nadbai, a part of his and defendant's ancestral property. It was averred that behind their residential houses, there is a Gali of four and a half feet width through which he has drainage to the public way from his house. A

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