MANOTHAR KOKNE Vs. RAMPYARI MISHRA

JUDGEMENT

(1.) Petitioner filed a civil suit No. 24-A/2011 in the Court of Second Additional Judge to the Court of First Civil Judge Class- II, Seoni, seeking mandatory injunction and direction to the respondent/defendants to remove encroachment.

(2.) Plaint allegations are that the petitioner purchased plot No. 5 (new number 1/1 Ka) admeasuring 2750 sq. ft. of village Seerdiwan Patwari Halka No. 77/1 NB 436, tahsil and district Seoni, vide sale deed dated 19.4.1978 for a consideration of Rs. 2,000/-. Petitioner got a house constructed leaving 1 1/2 feet open space on eastern and western side for nistar purpose. On the eastern side lives the respondents/defendants who as per plaint allegations had occupied the vacant portion by raising the temporary structure.

(3.) Order 26 Rule 9 of the Code of Civil Procedure, 1908, stipulates :-