PRATAP SINGH Vs. SMT. RAMAWATI AND 4 OTHERS

JUDGEMENT

(1.) Present Sri Saroj Kumar Tiwari, Advocate holding brief of Sri D.K. Mishra, learned counsel for the appellant and Sri R.K. Dubey, Advocate holding brief of Sri K.N. Mishra, learned counsel for the respondents. Heard and perused the records.

(2.) Original Suit No. 368/1998, Pratap Singh v. Smt. Ramwati & Others, was filed by the plaintiff (appellant/ applicant of review application) for relief of permanent injunction relating to disputed shop. After hearing, the Court of Additional Civil Judge (Junior Division), Ist, Aligarh, had decreed the suit of plaintiff and defendant no.-1 was directed not to dispossess the plaintiff from disputed shop otherwise than in accordance with law. In this judgment the trial court had held that plaintiff is trespasser, but he could not be evicted from the property in question otherwise than in accordance with law.

(3.) Aggrieved by said judgment of trial court Civil Appeal no. 104 of 2003, Pratap Singh v. Smt. Ramwati & Others, was preferred, which was heard and dismissed by the judgment dated 18.02.2015 of Additional District Judge, Aligarh. In this judgment at the time of giving direction of dismissal of appeal, the first appellate court had also directed that the plaintiff-appellant shall not damage or change the status of disputed shop and shall not cause any interference in coming and going of defendant no.-1, who resides at first floor of the said shop. Aggrieved by the judgment of the trial court as well as first appellate court, the second appeal has been preferred by the plaintiff of the original suit.