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MAHENDAR KUMAR GOYAL
Ram Prasad Avasthi – Appellant
Versus
Ram Babu Sharma – Respondent
| Table of Content |
|---|
| 1. background of the dispute regarding construction. (Para 1 , 2 , 3) |
| 2. arguments regarding necessity of party defendant. (Para 4 , 5) |
| 3. court's reasoning on the necessity of municipal corporation. (Para 6 , 7) |
| 4. dismissal of the second appeal. (Para 8) |
ORDER :
Mr. Mahendar Kumar Goyal, J. - This civil second appeal is preferred against the judgment and decree dated 23.05.2019 passed by learned Additional District Judge No.2, Ajmer (for brevity, "the learned appellate Court") in Civil Appeal No.4/2015 (63/2015) whereby, while dismissing the appeal, the judgment dated 25.04.2015 passed by learned Civil Judge (South), Ajmer (for brevity, "the learned trial Court") decreeing the suit 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 against the appellants/defendants (for brevity, "the defendants") stating therein that they have raised construction in the setback area situated towards western side of his house meant to be left open. It was further averred that the defendants have raised the construction without any permission or appro
The appellate court can remand a case for fresh adjudication if the trial court fails to consider all relevant facts and documents, ensuring complete justice.
The main legal point established in the judgment is the substantial compliance with procedural requirements, the breach of setback rules/bye-laws, the right of a neighbor to seek demolition, and the ....
An order passed or action taken by a statutory authority in contravention of an interim order of court is not enforceable.
The judgment focused on the lack of prima facie evidence of encroachment and the absence of obligation owed to the plaintiff by the defendant in a property dispute.
The central legal point established is the necessity of a clear and categorical finding on the construction site and the existence of the disputed sites before reaching a final decision.
The court affirmed the plaintiffs' right to seek injunction against unauthorized construction, ruling the suit maintainable despite claims of limitation and jurisdiction.
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