GURMUKH SINGH Vs. MADAN MOHAN

JUDGEMENT

(1.) PRESENT second appeal is preferred assailing the judgment and decree dated 11.10.2012, passed by the 1st Addl. Civil Judge (Junior Division) as well as judgment and decree dated 09.04.2014, passed by the 1st Addl. District Judge, Udham Singh Nagar whereby O.S. No. 10 of 2013, Gurdeep Singh and others Vs Madan Mohan and others was dismissed and appeal arising therefrom was also dismissed by the 1st Appellate Court. Brief facts of the present case, inter alia, are that plaintiff filed O.S. No. 10 of 2003 with the allegation that public pathway is going through the Khasra No. 67 of Village Hempur Ismile & khasra Nos. 50 and 51 of village Hempur Ismile, Tehsil Kashipur whereupon defendants have absolutely no right to make any encroachment. Defendants are intending and extending threats to encroach upon the public pathway by making constructions. If defendants are successful in making encroachment over the public pathway, it wound amount to nuisance, therefore, defendants be restrained in making encroachment by any means over the public pathway.

(2.) DEFENDANTS appeared before the learned Trial Court and filed their written statement and stated that they have absolutely no right and concern over the public pathway going through khasra No. 67 as well as 50 and 51 nor are intending to raise any constructions thereon.

(3.) WHEN present appeal was taken up for preliminary hearing on 08.05.2014, following order was passed : -