SANDHYA Vs. NARESH

JUDGEMENT

(1.) By the present petition filed under Art. 227 of the Constitution of India, the petitioners seek to impugn the order dated 04.03.2015 by which a suit filed by the petitioners under Sec. 6 of the Specific Relief Act was dismissed at the threshold.

(2.) The petitioners had filed a suit for possession and mandatory injunction under Sec. 6 of the Specific Relief Act. It was claimed that a settlement was arrived at between the parties on 20.09.2012 that the petitioners are in possession of 41 sq.yds. of land out of which there is a room in the area of about 34.50 sq.yds. and in the remaining area of 6.50 sq.yds. the petitioners were using the same for passage and for bathroom. It was averred that on 003.2013 petitioner No.1 had gone to attend a function at Jetpur, Rajasthan and when she came back to her house she found respondent No.1 has demolished his portion and demolished the bathroom of the petitioners and taken forcibly and illegally possession of 6.50 sq.yds. of land. Hence, the present suit was filed.

(3.) The trial court by the impugned order noted as follows: