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1989 Supreme(All) 279

M.P.SINGH
RAKESH SINGHAL – Appellant
Versus
SESSIONS JUDGE, BULANDSHAR – Respondent


Advocates Appeared:
Ajit Kumar, S.N.AGARWAL

M. P. SINGH, J.

( 1 ) THE present petition is directed against an order dated 17-8-1987 passed by the Vth Additional District Judge, Bulandshar dismissing the petitioners revision.

( 2 ) THE petitioners filed a Suit No. 40 of 1985 for injunction restraining the defendants from interfering with the construction of the wall.

( 3 ) THE suit was filed on the ground that by means of Sale Deed dated 27-7-1981, they became the owners of the land shown by letters (Aa, Ba, Sa, Da, Ga, Ra ). There was a way of 16 feet in width towards the north of their house and towards the north of that passage defendants house was situated. Towards the West and South of the disputed passage is a main road connecting the same. This passage belonged to him and he has a right to raise the wall.

( 4 ) AN application for interim injunction was also moved on 25-10-1985.

( 5 ) THE learned Civil Judge granted the ex parte interim injunction restraining the defendants-respondents from obstructing the construction of the wall. On the basis of this order, the petitioner completed the constructions.

( 6 ) AFTER the notices were issued to the defendants, they filed an objection. It was stated that the plaintiffs obtai




















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