BHAGWATI PRASAD MAHESHWARI Vs. ANITA GUPTA

JUDGEMENT

(1.) Heard Sri Sushil Kumar Mehrotra, learned counsel for the appellants.

(2.) This Second Appeal has been filed by the defendant being aggrieved by the judgment and decree dated 04.10.2019 passed by 9th Additional District Judge, Budaun in Civil Appeal No.09 of 2012 (Bhagwati Prasad Maheshwari (since deceased) and others Vs. Smt. Anita Gupta and another. The first Appellate Court has dismissed the appeal as was filed by the defendant-appellant affirming the judgment and decree dated 23.11.2011 passed by Civil Judge (Junior Division), Budaun in original Suit No.32 of 2010.

(3.) Brief facts leading to the present appeal are that the plaintiff had filed a suit for permanent injunction claiming that she has a door on southern wall of her house, which has been shown as 'D' in the plaint map and the defendant is trying to interfere in the peaceful usage of said door by the plaintiff.