SHANTABEN AMBALAL PATEL Vs. SUNITABEN VIJAYKUMAR JOSHI

JUDGEMENT

(1.) The appellants- original plaintiffs have preferred this Appeal under Sec. 104 read with Order 43 Rule 1 of Code of Civil Procedure, against the order dtd. 5/1/2022, passed below Exh-6-7 injunction application, filed in Civil Suit No. 1836 of 2016 by the learned Judge, Court No. 21, City Civil Court, Ahmedabad whereby the injunction application of the Appellants- original plaintiffs came to be dismissed.

(2.) The Appellants are the original plaintiffs and the respondent is the original Defendant before the trial Court. For the sake of brevity and convenience, the parties are referred to here as per their status before the trial Court.

(3.) It is the case of the plaintiffs that they owned residential premises Tenement No. 0513-35-0216-0003-1 admeasuring 30/93/68 sq. mtrs, City Survey No. 53 (present 53/2) of Municipal Census No. 1383 of village Mithakali, Ellisbridge Ward No. 513 is owned and possessed by the appellants and are staying with the family since the time of their predecessors. It is the case of the plaintiffs that on eastern side wall of his property, on the first floor of the premises, there is window and balcony through which the appellants used to get easementary right of air and sunlight, etc. since long. According to the plaintiffs, they are using the said balcony and window for their said easementary since beginning, uninterruptedly and consistently. It is the case of the plaintiffs that the defendant is raising construction of the wall resulting into closure of their window and balcony on the first floor on the eastern side. It is contended that the defendant had started movement for construction on 18/9/2016 touching to the eastern wall of the plaintiffs in a manner that window and the balcony will get closed. That the plaintiff tried to persuade the defendant for not making such type of construction, but the defendant had threatened of carrying out the construction and, therefore, they have filed Civil Suit along with injunction application.