HIGH COURT OF UTTARAKHAND AT NAINITAL Second Appeal No.124 of 2011 Nagar Palika Parishad Roorkee through its Executive Officer and another ….....Defendants/Appellants Versus Smt. Kanta Sachdeva and Another ..Plaintiffs/Respondents Present:-

Mr. Lalit Miglani, Advocate for the appellants. Mr. D.S. Mehta, Advocate for respondent no.1.

Mr. I.P. Kohli, Advocate for respondent no.2.

Hon’ble Siddhartha Sah, J.(Oral)

This Second Appeal has been preferred against the judgment and decree dated 26.11.2011 passed by the Additional District Judge, Roorkee, District Haridwar, in Civil Appeal No. 20 of 2008, Smt. Kanta Sachdeva vs. Nagar Palika Parishad, Roorkee and Another, whereby the said appeal has been allowed and the judgment and decree dated 29.08.2008 passed by the Civil Judge (Senior Division), Roorkee, District Haridwar, in Original Suit No. 51 of 2003 has been set-aside and thereby the appellate court has decreed the suit for permanent injunction.

2. Brief facts of the case are that the plaintiff/respondent No. 1 herein instituted a suit for permanent injunction against defendant Nos. 1 and 2 in the Court of Civil Judge (Senior Division), Roorkee, with the pleadings that the plaintiff had