Vimladevi Mittal vs Vinay Saluja
2022 Latest Caselaw 7152 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                          Second Appeal No.529 of 2022
                  Vimladevi Mittal Versus Vinay Saluja & Ors.

             k




29/11/2022            Shri Manoj Paranjpe and Shri Ankit Singhal, Counsel for the
             appellant.

                      Shri P.K. Tulsyan, Counsel for respondent No.1.

Shri Harshal Chouhan, Counsel for respondent No.3 & 4.

Heard on admission.

Perused the judgments of both the Courts below and also perused the evidence adduced by the parties before the trial Court.

On due consideration, the appeal is admitted for hearing on the following substantial question of law:

"A. Whether the lower Appellate Court has justifed in shifting the burden on the defendants to prove, that the disputed boundary wall was not in existence on the date of the fling of the Civil Suit?"

"B. Whether the suit for injunction and mandatory injunction simplicitor would be maintainable without seeking the relief of declaration and possession?"

"C. Whether in absence of any proof that, the boundary wall was constructed over the land of the plaintifs, the decree for mandatory or permanent injunction can be granted?"

Issue notice to the respondents on payment of process fee as per rules.

Shri P.K. Tulsyan and Shri Harshal Chouhan, Counsel appearing for respondent No.1 & 3 and 4 respectively accepts notice on their behalf, thus, issuance of notice to them is dispensed with.

Issue notice to rest of the respondents on payment of process fee as per rules.

Counsel for respondent No.3 & 4 prays for and is granted four week's time to fle reply.

Also heard I.A. No.1, application under Order 41 Rule 5 r/w Section 151 of the Code of Civil Procedure.

Issue notice on I.A. No.1 as well.

Meanwhile, purely as an interim measure, both the parties are directed to maintain the status quo with respect to the suit property as it exists today, till the next date of hearing.

List this case in the last week of January, 2023.

Sd/-

(Arvind Singh Chandel) Judge

Prakash