MURTI DEVI Vs. KAMAL KISHORE SEHGAL

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure (CPC), 1908 is to the impugned judgment of the Trial Court dated 22.2.2002. The impugned judgment dismissed the suit of the appellant/plaintiff in which reliefs of injunctions were prayed.

(2.) The appellant/plaintiff in the suit prayed for the following reliefs:

(3.) The basic dispute between the parties is as to whether the passage which adjoins the two plots of the respective parties is a common passage or that the portion of the passage which adjoins the portion of the defendants/respondents is in their exclusive ownership and not a commonly owned passage with the appellant/plaintiff. On a decision of this issue as to whether the complete passage is or is not the common passage, other reliefs whether the same be with regard to putting a ramp from the main road to come to this passage or for putting up a gate by the respondents/defendants in roughly around the middle of the common passage or the entitlement/disentitlement of the respondents/defendants to take their vehicles in the passage, will stand automatically decided. I say so that the same will be consequentially and automatically decided because if the passage is a common passage in common ownership of both the parties, then the appellant/plaintiff is not entitled to prevent making of the ramp or for preventing the vehicles of the respondents/defendants from using the passage, and similarly, the respondents/defendants will not be entitled to claim the passage adjoining their portion as being exclusively owned by them and they will also not be entitled to put a gate in the middle of the passage that is at the point of the passage where their property begins or prevent the appellant/plaintiff from using that portion of the passage which adjoins the property of the respondents/defendants.