ANIL KUMAR VERMA Vs. SHEELA VERMA

JUDGEMENT

(1.) By means of this writ petition, petitioner has challenged the order dated 29.05.2019 passed by 1st Additional District Judge, Haridwar in Civil Appeal No. 17 of 2014, whereby petitioner's application under Order 41 Rule 25 of C.P.C. to frame an additional issue has been rejected.

(2.) Petitioner is defendant in Original Suit No. 244 of 2009, filed by one Mr. Rajeshwar Prasad Verma for perpetual and mandatory injunction. Mr. Rajeshwar Prasad Verma passed away during pendency of the suit; therefore, his legal representatives were substituted in his place.

(3.) Subject matter of the suit is one passage, which is marked with letter 'a', 'd', 'e' & 'f' in the plaint map. According to the plaintiff (respondent herein), the land under the said passage belongs to him, as he purchased the passage along with adjoining plot by means of registered sale deed dated 07.05.1969 from erstwhile owner Smt. Kanti Devi. In his written statement, petitioner contended that it is a public passage and it does not belong to the plaintiff. Based on the pleadings of the parties, learned trial court framed as many as seven issues, and after considering the material on record, the said suit was decreed vide judgment and order dated 18.02.2014 and the defendant (petitioner herein) was restrained from opening window, ventilators etc. in the passage and further to close three existing ventilators, in the passage within one month.