DEEPAK GOYAL Vs. NAGAR NIGAM GWALIOR

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed against the order dtd. 22/11/2022 passed by VI Civil Judge, ClassII, Gwalior in MJC No.28A/2016, whereby an application filed by the petitioner/plaintiff under Order 26 Rule 9 CPC has been rejected.

(2.) Short facts of the case are that the present petitioner had filed a suit for declaration of right and permanent injunction against respondents no.1 to 5 and during the pendency of the suit, property was purchased by respondent no.6 to 9 and on account of the said sale the respondent no.6 to 9 were impleaded as party in the suit.

(3.) In the suit it was pleaded that towards the northern side of the plaintiff's house there is common place and there are certain ventilations, doors and windows of the plaintiff's house which is being constructed for past 50 years and since long the plaintiffs are enjoying the easementary rights of light and air through the window, door and ventilation and since the present respondents no.6 to 9 who had purchased the said property were creating hurdle in the said easementary rights, an application under Order 26 Rule 9 CPC was filed by the present petitioner/plaintiffs.