SWAMI NATH Vs. IIND ADDL DISTRICT JUDGE

JUDGEMENT

(1.) In this case arguments of learned Counsel for the Petitioner were heard and judgment was reserved on 25.11.2010. On the same date following order was passed on the substitution application.

(2.) Respondent No. 2, Sri Ram was the only contesting Respondent in this writ petition.

(3.) Petitioner instituted original suit No. 542 of 1987 against original Respondent No. 2 for the relief of permanent injunction seeking to restrain the Defendant from demolishing particular construction of the Petitioner and from cutting the trees standing over sahan (court yard) of the Plaintiff. The Defendant pleaded that land in dispute was his rasta. Written statement copy of which is Annexure 2 to the writ petition was filed on 02.05.1987. In para 20 of the written statement a counter claim was made to the effect that construction made by the Plaintiff Petitioner over the land in dispute should be directed to be demolished and Plaintiff should be restrained from making any construction thereupon as that was Defendant's rasta. The said claim was termed as counter claim in the said para and court fees was paid thereupon. The Plaintiff did not file any written statement to the said counter claim. 7th Additional Munsif Allahabad decided (dismissed) the suit on 17.01.1988 copy of the judgment is Annexure 3 to the writ petition.