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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Abdul Aziz Dar – Appellant
Versus
Green Valley Education Trust – Respondent
ORDER :
SANJAY DHAR, J.
1) Caveat stands discharged.
2) Through the medium of present miscellaneous appeal the appellants/defendants have challenged order dated 25.09.2024 passed by learned Principal District Judge, Pulwama, whereby in a suit filed by respondent No.1/plaintiff against the appellants and respondent Nos.2 to 7, application under Order 39 Rule 1 and 2 of CPC has been allowed and the appellants have been restrained from causing any sort of interference with respect to the suit land falling under survey No.6508 situated at village Lethpora, Tehsil Pampora, District Pulwama particularly with the pathway measuring 14x788 feet existing on spot.
3) It appears that respondent No.1/plaintiff has filed a suit for mandatory injunction commanding the defendants, including the appellants herein, not to interfere or damage the suit property, more particularly the proprietary road exclusively owned by the plaintiff trust as well as the gate installed at the entrance of suit property. A decree of injunction prohibiting the defendants from interfering or encroaching upon the suit property has also been sought in the said suit.
4) According to the plaintiff/respondent No.1, it has acquired
The court upheld the trial court's injunction order, affirming the plaintiff's exclusive ownership of the pathway and rejecting the defendants' claims of easementary rights due to lack of evidence.
Implied easement rights for property use transfer automatically, barring explicit contradictory intentions in property deeds.
Easement rights conveyed through property transfers can include implied grants, and a defendant cannot restrict access without legal rights to do so.
The court emphasized that granting a temporary injunction requires clear evidence of a prima facie case, balance of convenience, and irreparable injury, which were inadequately established by the pla....
A plaintiff can seek a temporary injunction to protect an easementary right even if a formal declaration of that right has not been made, provided they can demonstrate a prima facie case and the abse....
Establishment of easement rights requires explicit documentation, and mere permissive rights do not confer legal easements; plaintiffs failed to prove their claim.
The main legal point established is the enforcement of court orders and the removal of physical obstructions to ensure the free egress and ingress of the appellant over the pathway.
The right to use a path for accessing one's property can be established through long-term use and relevant property documents, regardless of explicit claims under the Easement Act.
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