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RSA-4327-2019(O&M) - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

120 RSA-4327-2019 (O&M)

Date of decision: 22.12.2025

Karan Singh and another ...Appellant(s)

Vs.

Geeta and others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Sumit Gupta, Advocate for the appellants.

***

NIDHI GUPTA, J.

Defendants No. 3 and 4 are in second appeal against the

concurrent judgments and decrees of the learned Courts below, whereby

suit filed by the plaintiffs/respondents No.1 to 3 herein for permanent

injunction with consequential relief of mandatory injunction, has been

decreed by both the Courts below.

2. The pleaded case of the plaintiffs in the plaint was that

plaintiffs are owners in possession of residential plots/houses as described

in the plaint. It was averred that plaintiffs has purchased the said plots

vide registered Sale Deeds No. 1109, 638 and 2408 from defendants No. 1

and 4. It was pleaded that at the time of purchasing the plots, plaintiffs

had been provided with Rasta having width of 10 feet for outgress and

ingress of the plaintiffs. It was contended that defendants wanted to block

the said Rasta by raising construction thereupon illegally and forcibly

without having any right. It was also alleged that defendants tried to dig

up the foundation over the disputed Rasta; and that the defendants

DIVYANSHI

2025.12.23 17:23

I attest to the accuracy and

integrity of this document

RSA-4327-2019(O&M) - 2 -

wanted to include the said Rasta in their property. The defendants did not

pay any heed to the request of the plaintiffs to not to block the Rasta and

had flatly refused request of the plaintiffs on 14.03.2012. As such,

plaintiffs had instituted the present suit for permanent injunction with

consequential relief of mandatory injunction on 15.03.2012.

3. Upon appraisal of the pleadings and the evidence led by the

parties, vide judgment and decree dated 30.09.2016, the learned Civil

Judge (Senior Division), Jhajjar had decreed the suit of the plaintiffs with

cost “to the effect that the defendants are hereby restrained from making

any encroachment over any part or portion of said Rasta specifically over

the portion marked by letters ABCD in the site plan Ex. P1 and further if

any such encroachment has been made by the defendants, a mandatory

injunction is hereby passed in favour of the plaintiff to the effect that

defendants are hereby directed to remove the said encroachment and

thereupon restrain themselves from making any encroachment of the said

portion of passage.”

4. The Civil Appeal filed by all the 4 defendants was dismissed

by the Additional District Judge, Jhajjar vide judgment and decree dated

08.05.2019. Hence, present second appeal by the defendants No. 3 and 4.

5. It is inter alia submitted by learned counsel for the appellants

that while passing the impugned judgments and decrees, both the Courts

below misread and misconstrued the entire evidence placed on record. As

a matter of fact, Khasra No.175 was owned by the defendants/appellants

and at the time of carving out plots, the appellants left a Rasta in the

DIVYANSHI

2025.12.23 17:23

I attest to the accuracy and

integrity of this document

RSA-4327-2019(O&M) - 3 -

shape of blind alley from South to North upto plot No.174 which is

depicted in site plan Ex.D6. The revenue record produced on record in

evidence clearly established that there is no Rasta in Khasra No. 174 and

Khasra No.174 is recorded under the ownership of Gram Panchayat and in

possession of Pyare, Shri Ram etc. as Gair Marusi and nowhere any Rasta

is shown to be exists out of Khasra No.174 which is connected with Khasra

No. 175. Thus, finding to the effect that the Rasta which was left by the

defendants out of their own land in Khasra No. 175 connects to the Rasta

in Khasra No. 174.

6. It is further submitted by learned counsel for the appellants

that while passing the impugned judgments and decrees, the Ld. Courts

below totally overlooked the revenue record which shows that Khasra No.

174 is owned by Gram Panch