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2021 Supreme(Online)(Chh) 2747

CHHATTISGARH HIGH COURT
, J
Prem Lal Yadav v. Rajendra Prasad Chandravansi and Another


Advocates:
For the Appellants/Petitioners: Mr. H. V. Sharma
For the Respondents: Mr. Badruddin Khan

Table of Content
1. substantial questions of law posed in the second appeal. (Para 1 , 4)
2. contentions regarding errors in the appellate decisions. (Para 5 , 6 , 10)
3. court observations on easement rights and relevance of injunction. (Para 8 , 9 , 12)
4. principles governing necessity for injunctions to prevent legal conflicts. (Para 16 , 17 , 19)
5. conclusion affirming partial allowance of appeal and granting injunction. (Para 20 , 21)

1. The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff are as under:
"1. Whether in the facts and circumstances of the case the Courts below have committed an error and not considering as to whether or not the plaintiff is entitled for grant of decree of injunction as prayed in paragraph 14B, C of the plaint?
2. Whether failure to frame proper issue for trial regarding plaintiffs right to obtain permanent injunction has vitiated the trial ?"
[For the sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court].


2. The plaintiff herein filed a suit claiming the right of easement over the passage on Khasra Nos.1395


























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