LAWS(DLH)-2010-5-239

HARI KISHAN Vs. SHRI SHIV NARAIN

Decided On May 13, 2010
HARI KISHAN Appellant
V/S
Shri Shiv Narain Respondents

JUDGEMENT

(1.) R.S.A. 300/2007 and C.M. Appl. 16430/2007 (stay)

(2.) RESPONDENT , Shiv Narain (plaintiff in the suit) filed a suit for permanent injunction seeking restraint order against the appellant (defendant in the suit); for restraining him from fixing six beams in the wall of the respondent in the disputed portion shown 'Red in the Site Plan' forming part of property No. 593, situated in Gali Chhawalian, Najafgarh, New Delhi. Houses of the plaintiff and defendant are adjacent to each other. Defendant started constructing a house on his plot and intended to fix six beams in the wall of the plaintiff for construction of the house. It was pleaded that appellant had no right, title or interest in the said wall. The said suit was duly contested by the appellant.

(3.) AGGRIEVED by the said order of the Trial Court, respondent filed first appeal before the Additional District Judge (A.D.J.). The said appeal was disposed of by the Appellate Court in terms of its order contained in para 9 of the impugned judgment dated 23.08.2007.