1. Deepak Jain, petitioner had filed suit No.12/1998 for permanent prohibitory injunction against Jain Nagar Welfare Society-respondent, seeking reliefs which read thus:--

"1. That the defendant, its agents and servants and all members of the defendants society be restrained from raising any construction at the site marked Red in the site plan and/or infront of the plot of land marked "A" in the site plan directly, indirectly or otherwise and/or to interfere with the right of the plaintiff to use road leading to his plot of land and/or to interfere with the plaintiffs right of ingress or outgress and be further restrained from creating any impediment/obstruction to the plaintiff right to use the said plot of land."

2. It was during the pendency of this suit that he filed yet another suit seeking the following reliefs:--

"1. It be declared that the road marked "C" in the site plan annexed to the plaint is a public road and the plaintiff along with his brothers has absolute right to use the said road in common with other residents of Jain Nagar.

2. It be declared that wall marked "D" in the site plan belongs to the plaintiff and he is the owner of the said wall and has every right to rem

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