SURAJ BHAN Vs. DY COMMNR SONEPAT

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed at the instance of the appellant against the impugned judgment dated 4th of January, 2005 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 12158 of 2003 whereby the High Court dismissed the Writ Petition filed by the appellant.

(3.) The brief facts leading to the filing of this appeal may be narrated as under : The appellant alleged that he was in possession of the land in dispute measuring 40.3 ft x 5 ft., consisting of a bathroom thereon since the time of his father (herein after referred to as the said land). In respect of the said land, the respondent Nos. 5 to 7 filed a civil suit for mandatory injunction in the Court of Subordinate Judge, 1st Class, Rohtak against the appellant for a direction upon him to remove the bricks lying in the said land and also for a direction to the father of the appellant to close his door opened on the "plot of the Chopal. The Civil Court decreed the suit on 16th of August, 1976. First appeal was filed by the father of the appellant in the Court of Additional District Judge, Rohtak, against the aforesaid judgment, which was dismissed. Being aggrieved and dissatisfied by the judgment of affirmance passed by the Courts be low, the father of the appellant filed a regular second appeal before the High Court, which was dismissed by the judgment dated 2nd of June, 1987, against which a SLP was filed in this Court, in respect of which leave was granted.