JAGANNATH Vs. DHARAM JEET

JUDGEMENT

(1.) THE revision has been preferred against order dated 16-3-1998 passed in Misc. Appeal No. 85/95 whereunder order dated 22-8-1995 passed in Civil Suit No. 265-A/95 of Xth Civil Judge, Class II, Gwalior was confirmed.

(2.) RESPONDENT-PLAINTIFF had filed a suit for declaration and permanent injunction against applicants-defendants to the effect that in north side of his house situated in Jagnapura, Gwalior, there is a land adjoining to the house of Sitaram and electric service line of his house is connected from electric pole installed at point 'a' in the annexed map. There is some government land in front of the house of Sitaram through which water is supplied to the plaintiff from the pipe line. In this land at place 'c' and 'd' is situated 'sulabh-Shauchalaya' (latrine) and septic tank used by the plaintiff. Applicants-defendants are carrying on certain constructions on this open land in such a way that plaintiff has been obstructed in using water pipe line, electric connection and his way to aforesaid latrine.

(3.) THE learned Trial Court found that after institution of the suit and passing temporary injunction the applicants defendants had further made certain constructions which has caused obstruction to the plaintiff in using the aforesaid land. Applicants were, therefore, ordered to remove that part of the construction which was raised after passing of the temporary injunction. The learned Appellate Court has confirmed the order of the Trial Court by the impugned order against which the present revision has been filed.