SMT.RAJ DULARI DEVI Vs. SMT.JAGWATI DEVI

JUDGEMENT

(1.) Heard Sri K.M. Garg, learned counsel for appellant, Sri Vinod Swaroop, learned counsel for respondent and perused the material available on record.

(2.) This is defendant's appeal under section 100 CPC arising from judgment and decree dated 17.12.1979 passed by Sri Ikramul Bari, IVth Additional District Judge, Bijnor in Civil Appeal No. 343 of 1977 whereby appeal was dismissed and judgment and decree dated 13.08.1977 passed by Sri Phool Singh, Munsif Nagina in Original Suit (hereinafter referred to as "O.S.") No. 57 of 1973 has been confirmed.

(3.) Plaintiff respondent instituted aforesaid suit alleging that on his wall, defendant has raised constructions of Chhajja (overhanging roofing), Chaukhat (doorpost) and Almirah which should be removed and a mandatory injunction to this effect be issued.