RAMESH CHAND KINGAR Vs. BASANT KUMAR BANSAL

JUDGEMENT

(1.) Heard Sri Sumit Daga, learned counsel for the petitioners and Sri Jagdish Prasad Mishra, learned counsel for the respondents.

(2.) This petition has been filed under Article 227 of the Constitution of India praying for setting aside the judgment and order dtd. 20/3/2018 passed by the Additional District Judge, Court No. 15, Muzaffar Nagar in Civil Revision No. 85 of 2014 (Basant Kumar Bansal and Another vs. Ramesh Chand Kingar and Others).

(3.) Plaintiffs/respondents instituted an Original Suit No. 223 of 2009 against the defendants-petitioners and defendants-respondents for the relief of permanent prohibitory injunction praying that defendants may be restrained from using gallery of the plaintiffs in any manner, which is shown as A, B, C, D, E, F in plaint map. Defendants-petitioners are the contesting parties and they filed their written statement and denied the aforesaid plaint allegation. As per the plaintiffs-respondents, gallery shown as A,B,C,D,E,F exclusively belongs to them and defendants-petitioners have no right in the said gallery. However, defendants-petitioners claimed that they were using the said gallery since beginning just like setback of their house and their windows and drainage system were also towards this gallery. It was also stated by the defendants-petitioners that plaintiffs- respondents have no right in the said gallery but in their absence they have made some construction in the said gallery and also installed safety tank whereby plaintiffs-respondents deliberately closed the window and stopped the drainage system of the defendants-petitioners.