Unknown vs Ram Kumar And Others") For Grant Of ...
2023 Latest Caselaw 1478 UK

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      24.05.                     SA No.62 of 2023
      2023                       Hon'ble Alok Kumar Verma, J.

Respondent - plaintiff had filed an Original Suit (No.283 of 2008, "Ishwar Dayal Kansal vs. Ram Kumar and Others") for grant of perpetual injunction and mandatory injunction to remove the construction from the suit property. The said Original Suit was decreed in part for only perpetual injunction. Against the judgment and decree of perpetual injunction, a Civil Appeal (No.23 of 2016, "Ram Kumar and Another vs. Ishwar Dayal Kansal and Others") was filed by the appellants - defendant nos.1 and 2. The Appellate Court has granted mandatory injunction while dismissing the appeal. Hence, present Second Appeal.

2. Heard Mr. Nikhil Singhal, learned counsel for the proposed appellants.

3. Mr. Nikhil Singhal, learned counsel for the proposed appellants - defendant nos.1 and 2, has submitted that the case of the plaintiff is that there is a aabchak(lane) between the houses of the plaintiff and the defendants. Defendants have raised illegal construction in the said lane, whereas, according to the defendants, there is no aabchak(lane) between their houses. Mr. Nikhil Singhal, Advocate, has submitted that the plaintiff purchased his property vide sale deed dated 26.08.1960 and the said construction was raised even before the sale deed dated 28.06.1960.

4. Having regard the submissions of Mr. Nikhil Singhal, Advocate, and in the facts and circumstances of this case, it seems appropriate to grant an opportunity of hearing to the respondent no.1 also even before passing any order on Admission.

5. Issue notice to respondent no.1. Steps to be taken within a week.

6. List on 14.06.2023.

7. Meanwhile, translated copy of the sale deed dated 04.06.1912 and certified copy of the Application dated 26.05.1978 may be filed by the proposed appellants, as prayed.

(Alok Kumar Verma, J.) 24.05.2023 Pant/