SOM NATH Vs. VITH A D J BAREILLY

JUDGEMENT

(1.) The order which was passed on the date on which judgment was reserved, i.e. 01.11.2010 is quoted below:

(2.) Respondent No. 3, Smt. Katori Devi instituted O.S. No. 629 of 1967 against Hori Lal, predecessor-in-interest of Petitioners in the Court of Munsif, City, Bareilly. The suit was decreed by Additional Civil Judge, Bareilly on 07.01.1972. Copy of the said judgment is Annexure-II to the writ petition. Findings on issue No. 5 (last para before order) and the order are quoted below:

(3.) The suit is hereby decreed for (1) removal of the wall E X built by the Defendant, and for possession over the site of the old wall, (2) Rs. 200/-as costs of the original wall demolished by the Defendant, (3) perpetual injunction restraining the Defendant from interfering with the Plaintiff's possession over the same, and (4) removal of constructions etc., made by the Defendant in disputed passage A B C D E F G A. The parties shall get proportionate costs according to their success.