LAWS(KAR)-2018-3-310

MAHEBOOB SAB Vs. MAHAMMED SAB

Decided On March 22, 2018
Maheboob Sab Appellant
V/S
Mahammed Sab Respondents

JUDGEMENT

(1.) The defendant filed the present miscellaneous second appeal against the judgment and decree passed by the lower appellate Court dated 17.09.2016 made in R.A.No.10/2013 on the file of the Senior Civil Judge and JMFC, Indi setting aside the judgment and decree passed in O.S.No.239/2005 by the Civil Judge (Jr.Dn.) and JMFC, Indi dated 05.08.2013, remanding the matter to the Trial Court for fresh appointment of Court Commissioner to cause local inspection of both the plaintiff and defendant's land and to demarcate the existence of 'XY' road as contended by the plaintiff if any and also demarcate the 'ABCDEFG' way as contended by the defendant if any and re-appreciate the facts.

(2.) The present respondent who is the plaintiff before the Trial Court filed suit for declaration and permanent injunction in respect of the suit schedule property morefully as described in the plaint schedule contending that he was the owner in possession and enjoyment of suit property and the defendant has no right, title or interest over the suit property. Therefore, sought the relief as prayed for.

(3.) The defendant filed written statement denying the plaint averments and existence of 'XY' cart way as contended in the plaint and sought for dismissal of the suit.