PRATAP NARAIN TANDON Vs. KUNDAN SINGH

JUDGEMENT

(1.) HEARD Sri Vrindavan Mishra, learned counsel for the petitioners, Sri H.K. Yadav, learned counsel for respondent no. 1 and Sri K.K. Tiwari, learned counsel for respondent no. 6.

(2.) THE writ petition is directed against the judgment and order dated 2.12.2004 passed by the Additional District Judge/Special Judge (S.C. and S.T. Act), Jhansi in Civil Revision No. 165 of 1998, arose out of Execution Case No. 4 of 1995.

(3.) BRIEF facts necessary to decide the controversy are that an Original Suit No. 490 of 1975 was filed for declaration of the land shown at the foot of the plaint as "Public Rasta" over which the defendant had no right to raise construction and further for grant of permanent injunction restraining the defendant from raising any construction thereupon. The suit for declaration of "Public Rasta" was dismissed and the permanent injunction for restraining the defendant from raising construction over a portion of land in question has been refused on the ground that the construction did not obstruct the way to "Mazar" situated in Paul Compound.