MAHENDAR KUMAR GOYAL
Mohakam Singh – Appellant
Versus
Nihal Singh – Respondent
| Table of Content |
|---|
| 1. ownership dispute regarding property access and use. (Para 1 , 2 , 3) |
| 2. defendant's claims against the trial court's decision. (Para 4 , 5) |
| 3. court's reasoning supported by evidence. (Para 6 , 7 , 8) |
| 4. misinterpretation of commissioner report on title. (Para 9) |
| 5. dismissal of appeal with no substantial question. (Para 10) |
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
The court emphasized the importance of substantial questions of law in entertaining second appeals and upheld the decrees based on the evidence presented.
Failure to seek declaration and recovery of possession is a legal hurdle in granting a mandatory injunction. The burden to establish the right shifts to the plaintiff, who must prove the disputed lan....
The court emphasized the importance of honoring fact findings recorded by lower courts unless there is perversity, illegality, or jurisdictional error, as established in various Supreme Court cases.
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