Honble Pt. Shiam Krishna Dar-This is an appeal against a judgment and decree of the High Court dated Har 26, 2002, affirming a judgment and decree dated Maghar 17, 2001, of the Senior-Subordinate Judge of Srinagar; whereby a judgment and decree dated diet 30, 2000, of the Second Additional Mimsiff Srinagar, was affirmed.

The appellant and the respondents are owners of two adjoining houses situated in the Bagh Jogi Lanker in Rainawari. Some portion of the, house of the appellant was recently constructed and on its northern side it contains a number of windows, apertures, ventilators and openings in the ground floor and in the first three floors of the appellants house which, open on an open plot of land owned by the respondents and which is shown in the plan, exhibited in this litigation, as orchard or Bagirha. This orchard is shown in the plan as in continuation of the respondents courtyard which in its turn is again continuation of the respondents, house. The respondents allege that the said windows, apertures, etc. invade the privacy of the respondents house and they seek an injunction restraining: the appellant from maintaining these constructions.

The controversy in the case cent

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