PURSHOTTAM DAS Vs. HARI KRISHNAN MISHRA

JUDGEMENT

(1.) V. N. Singh, J. The second appeal has been filed against the judgment and decree dated 22-2-1993 passed by Sri V. K. Jain, the then Xth Addl. District Judge, Bareilly, in Civil Appeal No. 127 of 1989, Purshottam Das v. Hari Kishan Misra and others, against the judgment and decree dated 20-10-1989 passed by Shri J. P. Srivastava, IIIrd Addl. Civil Judge, Bareilly in Original Suit No. 232 of 1988.

(2.) BRIEF facts of the case is that Original Suit No. 232 of 1988 has been filed for permanent injunction restraining the defendants and their agents/legal representatives in peaceful possession of the plaintiff by not constructing anything in the house in dispute.

(3.) IT has been alleged by the plaintiff that defendant No. 2 without taking consent of the remaining owners wanted to create obstruction in the main passage of the ground and first floor by making construction without approval of the map from Bareilly Development Authority, which is in possession of the plaintiff for the last 20 years consecutively.