SANGEETA BIJALWAN Vs. BHUWANESH PRASAD DEVRANI

JUDGEMENT

(1.) The petitioner has preferred the present petition under Article 227 of the Constitution of India to assail the order dtd. 31/10/2022, passed by the learned District Judge, Dehradun, in Misc. Civil Appeal No. 60 of 2021, preferred by the respondent under Order 43 Rule 1(r) CPC. By the impugned order, the said appeal preferred by the respondent was allowed, and the injunction granted in favour of the petitioner / plaintiff under Order 39 Rules 1 and 2 CPC, was vacated.

(2.) The brief facts may be taken note of, before I proceed to deal with the present petition.

(3.) The petitioner, who is the plaintiff, claims to have purchased a plot of land from Smt. Sumanlata Kainthola and Smt. Kusumlata Devrani, who in turn had purchased the plot from Ganesh Prasad, Sudhir Kumar and Kamleshwar Prasad. The aforesaid three persons, in turn, purchased the land from one Naresh Chand, the original owner of the land. The sale deed of the petitioner recited that on the South of the plot sold to the petitioner, there is a 14 feet wide passage, and beyond that, the land of the defendant is situated (on the southern side). Petitioner produced the following plan along with the plaint to show the position at site, as it exists: