SA/149/2022
2022 Latest Caselaw 3819 UK

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     28.11.2022                     SA No. 149 of 2022
                                    Hon'ble Alok Kumar Verma, J.

An Original Suit (No. 611 of 2005) was filed by the original plaintiff. During the pendency of the said Original Suit, the original plaintiff had died. Legal representatives were substituted. The said Original Suit was filed for perpetual prohibitory injunction. The Original Suit was dismissed by the Trial Court.

Against the judgment and decree dated 10.02.2014, passed by the learned Trial Court, a Civil Appeal (No. 46 of 2014) was filed. The said Appeal has been dismissed by the impugned judgment and decree dated 17.10.2022.

Hence, the present Second Appeal. Heard Mr. Piyush Garg, learned counsel for the proposed appellants-plaintiffs.

Mr. Piyush Garg, Advocate, submitted that an agreement was executed between the original plaintiff and the respondent no. 2 and the respondent no. 3-defendant nos. 2 & 3 on 02.02.1980, and, according to the said agreement, there is a 25 feet long east-west passage on the west of the defendants' property and on the south of the plaintiffs' property."GC" point, as shown in the plaint, is the starting point of the said passage. "GC" point is situated just adjacent to the property of the defendants towards west. On "GC" point, the original plaintiff had built a wall. "GC" point is in the exclusive use of the plaintiff. The defendants had damaged the said wall. Therefore, the original plaintiff had filed the said Original Suit for perpetual prohibitory injunction.

According to the said Agreement dated 02.02.1980, the said passage is the joint passage of both the parties.

In the facts and circumstances of the case and after hearing the learned counsel for the appellants, it would be appropriate to issue notice to the respondents even before passing any order on Admission.

Issue notice to the respondents. Steps to be taken within a week. List this case on 20.12.2022 after fresh cases for arguments on Admission.

(Alok Kumar Verma, J.) 28.11.2022 Shiksha