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2010 Supreme(MP) 400

A.K.SHRIVASTAVA
Prembai – Appellant
Versus
Ghanshyam – Respondent


Advocates:
Aniket Naik for appellants;
K.N. Gupta with Prakhar Dhengula for respondent No.1;
None for other respondents

JUDGMENT


1. This second appealhas been filed at the instance of some of the defendants assailing the judgment and decree passed by learned two Courts below whereby the suit for injunction of the plaintiff-respondent No.1 has been decreed.


2. The plaintiff filed a suit for injunction by pleading that he is having one plot admeasuring 30'-2"x76'.10" which was purchased by him vide registered sale-deed dated 25.11.1978 and, hence, he is the owner of the said property. In para 2 it has been pleaded that on the Northern side of his plot firstly there is an open land and thereafter the house of defendants is in existence. According to the plaintiff, the defendants are trying to open doors, windows and drains towards the plaintiff's plot which has been shown in the plaint map. Further, it has been pleaded that, the defendants are not having any right, title or interest to open windows, etc. on plaintiff's property and if they succeed later on they may also claim their right of easement and may also start to flow the filthy water from drains. In para 5 of the plaint it has been pleaded by the plaintiff that on 1.4.1985 by inserting the flagstones (patiya) the defendants have built up a











































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