GAJRAJ SINGH Vs. AJAY AND 3 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) Original Suit No. 151 of 2009 was filed by plaintiff-Gajraj Singh against Ajay and others-defendants for perpetual injunction before the Civil Judge, (Junior Division), Hawali, Meerut.

(3.) Learned Civil Judge, (Junior Division), Hawali, Meerut vide judgement dated 27.11.2009, dismissed the suit and imposed special cost of Rs. 3,000.00 against the plaintiff for defendant No. 1. Plaintiff assailed the trial court judgement before the learned District Judge, Meerut by preferring Appeal No. 155 of 2009. Appeal was transferred to the learned Additional District Judge, SC/ST Act, Meerut. Learned Additional District Judge vide judgement dated 4.4.2016 dismissed the appeal and confirmed the finding of the trial court. Learned counsel for the appellant has submitted following case laws: (2014) 2 SCC 302, Sandeep Thapar Vs. SME Technologies Private Limited ; (2012) 12 SCC 461, Suresh Kumar Kantial Patel Vs. Bal Krishna Laxmidas Kothari ; 2007 (2) ARC 276 SC, Aditya Hotels (P) Ltd. (M/s) Vs. Bombay Swadeshi Stores Ltd. and others ; ALJ 1951 page 196, Full Bench, Chhedi Lal and anothers Vs. Chhotey Lal ; 2014 (102) ALR 274 SC, A.M. Sangappa @ Sangappa and others ; (2014) 11 SCC 351, Brijesh Kumar and others Vs. State of Haryana and others.