DURGA BAHADUR Vs. ASHA THAPA & ANOTHER

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks a writ, order or direction in the nature of certiorari quashing the impugned order dated 03.02.2016, passed by learned I Addl. District Judge, Dehradun, in misc. civil appeal no. 81 of 2015, Smt. Asha Thapa vs Durga Bahadur and another (Annexure 7 to the writ petition).

(2.) Plaintiff-Petitioner filed a civil suit for the relief of permanent prohibitory injunction against defendants-respondents in the court of Civil Judge (Jr. Div.), Dehradun, restraining the defendants from interfering in the possession of the disputed property detailed and specified at the foot of the plaint. Plaint map was also annexed. An application under Order 39 Rules 1&2 CPC was also filed.

(3.) According to the petitioner, the land in dispute was purchased by him through registered sale deed dated 20.10.1986. The petitioner also constructed his house and erected boundary wall over the land purchased by him. In the sale deed, 8 feet wide pathway has specifically been mentioned. In the year 2000, Smt. Bhunti and another threatened to close the pathway of the petitioner. Petitioner filed a civil suit no. 08 of 2000, Durga Bahadur vs Smt. Bhunti and another, which was decreed by trial court. First appeal against the same was also dismissed, vide judgment and decree dated 06.05.2015. The respondents, thereafter, threatened to demolish the wall of the petitioner. Petitioner filed a civil suit for permanent prohibitory injunction against the respondents bearing O.S. no. 233 of 2015, Durga Bahadur vs Asha Thapa and another, with a prayer not to demolish the wall of the petitioner.