SANJAY CHUGH Vs. RAM KISHAN

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure, 1908 (CPC), assails an order dtd. 26/9/2019, passed by the learned Additional District Judge ("the learned ADJ") in Misc Appl 576/2018, whereby the learned ADJ has reversed an order dtd. 20/7/2018, passed by the learned JSCC-ASCJ-GJ ("the learned Civil Judge").

(2.) The plaint, from which these proceedings emanate, was preferred by the respondents against the appellants, seeking mandatory injunction, directing the appellants to remove malba, garbage etc., which they were alleged to have thrown in open land adjacent to the respondents' premises and for permanently restraining the appellants from throwing any such malwa, garbage etc. at the said land. It was specifically alleged, in para 17 of the plaint, that consequent to certain disputes having arisen between the appellants and the respondents, whereby the appellants were restrained, as a result of which the appellants were allegedly thwarted in their attempts to raise construction on the open land, they started depositing garbage therein. The plaint also asserts that the respondents had, in this context, addressed a written complaint to the Police Station Mayur Vihar on 13/11/2012 but that the nuisance continued.

(3.) The learned Civil Judge, vide order dtd. 20/7/2018, dismissed the suit as not being maintainable in view of Sec. 41(j) of the Specific Relief Act, 1963, which proscribes grant of injunction "when the plaintiff has no personal interest in the matter".