1

Court No. - 6

Reserved

Case :- SECOND APPEAL DEFECTIVE No. - 322 of 2021

Appellant :- Raghunandan

Respondent :- Om Prakash And 4 Others

Counsel for Appellant :- Balbir Yadav

Hon'ble J.J. Munir,J.

1.

This is a defendant's appeal arising out of a suit for

permanent prohibitory injunction.

2.

Original Suit No. 361 of 2000 was instituted by the

plaintiff-respondents against the sole defendant-appellant,

Raghunandan seeking to injunct the said defendant from raising

constructions over the way denoted by letters अ ब स द situate at

Village Devrampur, Farrukhabad, Pargana Pahara, District

Farrukhabad, or otherwise obstructing the said way, or in any

other manner interfering in the movement of the plaintiff-

respondents over the said way.

3.

Heard Mr. Balbir Yadav, learned Counsel for the

defendant-appellant in support of the motion under Order XLI

Rule 11 C.P.C.

4.

The case of the plaintiff-respondents is that to the north of

the houses of plaintiff nos.1 to 4 and to the south of plaintiff

no.5's house, there is a way providing ingress and egress to the

plaintiffs. The aforesaid passage on the western side opens into

the public lane. The entire