DEVKINANDAN BHATT Vs. KRISHNA TIWARI

JUDGEMENT

(1.) This is a defendants' Second Appeal, wherein they have challenged the judgment and decree dtd. 13/9/2018, as passed by the 2nd Additional District Judge, Nainital in Civil Appeal No. 15 of 2013, Ganesh Bhatt and Others Vs. Smt. Krishna Tiwari, consequent thereto affirming the judgement and decree dtd. 30/3/2013, as rendered by the Civil Judge (Junior Division), Nainital in Original Suit No. 54 of 1997, Smt. Krishna Tiwari (since deceased) now represented through LR Vs. Revadhar Bhatt (since deceased) now represented through LR and Others. Consequent thereto, the Suit for permanent prohibitory injunction, as well as, for the amended relief of mandatory injunction, as later sought by the plaintiff by way of amendment has been allowed and the Suit was decreed in favour of the plaintiff (respondent herein) by both the courts below concurrently.

(2.) Before venturing into the intricacies, as argued by the learned counsel for the appellants as well as for the caveator- respondent, it becomes essential to consider the basic factual aspects which are involved in the present second appeal in question.

(3.) Based on the cause of action, which has been pleaded by the plaintiff-respondent to have accrued on 18/5/1997 is shown to have instituted a Suit on 29/5/1997, initially praying for the following reliefs:-