VIJAY SINGH Vs. DHARAM PAL

JUDGEMENT

(1.) Present appeal is preferred against the judgment and decree dated 30.09.2003, passed in Original Suit No. 68 of 1996, Vijay Singh and another Vs. Dharampal and others (for short "the suit"), by the court of learned Additional District Judge/ 3rd Fast Track Court, Haridwar ( for short " the case"). By the impugned judgment and decree, the suit filed by the appellants has been dismissed.

(2.) The appellants filed the suit for permanent prohibitory injunction. According to the case, a pathway runs in the village of the parties from west to east and on the eastern side, it turns towards the north and joins a railway line. In the western side, the pathway turns towards south and goes to agricultural fields. At one point, on this pathway, at northern and western sides lies a vacant land of the respondents. This land is adjacent to the pathway. The appellants have shown the pathway in the map annexed with the plaint with the letters L, M, N and O. On the western side of this pathway, a wall raised by the respondents has been shown by the letters Q and R in the plaint map. It is the case of the appellants that the respondents in order to gain unlawful profit are threatening to obstruct the pathway by extending the Q and R walls towards eastern side. The respondents have no right at all to extend their wall on the pathway. The appellants requested the respondents not to obstruct the pathway, but they are adamant to do so and not desisting from their illegal presence. With these averments, the suit is filed for permanent prohibitory injunction, restraining the respondents to obstruct the pathway.

(3.) The respondents filed written statement to the suit. According to the respondents, the wall at letters Q and R, as shown in the plaint map had already been constructed, which is 3.5 feet in height and the respondents have no occasion to raise the wall any further. Therefore, the suit is infructuous.