KISHOR Vs. SHIVANAND

JUDGEMENT

(1.) By consent, heard finally at admission stage.

(2.) The petitioners are original defendant Nos. 1 and 2. Respondent No.1-original plaintiff has instituted a suit bearing Regular Civil Suit No. 441 of 2017 for a decree of perpetual injunction. In the pending suit, the respondents-original defendant Nos. 3 and 4 filed a counter claim with following prayers :-

(3.) Learned counsel for the petitioners submits that the suit is instituted for a decree of perpetual injunction in respect of the suit road. However, the respondents-defendant Nos. 3 and 4, by way of counter claim, are seeking direction to petitioner No.1 to demolish the construction made on the encroached area to the extent of 36 sq. meters open space adjacent to Gram Panchayat house No. 542 and City Survey No. 521. Learned counsel for the petitioners submits that a counter claim has necessarily to be directed against the plaintiff in the suit, though incidentally or along with it, it may also claim relief against co-defendants in the suit. Learned counsel submits that in the instant case, respondents-defendant Nos. 3 and 4 have filed a counter claim by almost filing consent written statement seeking relief against the petitioners original defendant Nos. 1 and 2.