JAGDISH Vs. BACHULI DEVI

JUDGEMENT

(1.) This is a defendant's second appeal, wherein, the defendant no. 2 of Suit No. 17 of 2005 'Smt. Bachuli Devi vs. Nagar Palika Parishad and Another' had preferred this second appeal challenging impugned judgment of the First Appellate Court, as rendered on 02.07.2010 in First Appeal No. 4 of 2010 'Smt. Bachuli Devi vs. Nagar Palika Parishad and Others', whereby the Civil Appeal of plaintiff/respondent was partially allowed, whereby the dismissal of suit of respondent/plaintiff was confirmed and had set aside the relief of allowing of counter claim of defendant/appellant as decreed by Trial Court vide its judgment dated 29.01.2008.

(2.) As a consequence of the impugned appellate judgment dated 02.07.2010, the counter claim, which was preferred by defendant no. 2 and which was decreed by the Trial Court vide its judgment dated 29.01.2008 had been set aside by the First Appellate Court by its impugned judgment dated 02.07.2010.

(3.) It is this part of Appellate Court's judgment dated 02.07.2010, by virtue of which the Civil Appeal was partially allowed to the extent of setting out the decree relating to decreeing the counter claim of defendant/appellant, which is challenged in the present second appeal. Few facts, which are necessary to be considered in the present second appeal is that the plaintiff (respondent no. 1 herein), i.e. respondent no. 1, had instituted a Suit being Suit No. 17 of 2005 'Smt. Bachuli Devi vs. Nagar Palika and Another' on 30.05.2005 for the grant of decree of mandatory injunction, as against the appellant (defendant no. 2 here in the suit) in relation to the property, which has been more particularly described at the foot of the plaint constituting a single story house having two rooms facing South towards the road and more particularly the chauhaddi as defined therein in the description of the property, which may not be relevant at the present stage for the purposes of the present second appeal.