BHAGWANDAS Vs. DINESH

JUDGEMENT

(1.) This appeal under Sec. 100 of CPC is filed against the judgment and decree dtd. 21/8/2019 passed by the learned Additional District Judge, Dharampuri, district Dhar in Civil Appeal No.11-A/2015 arising out of the judgment and decree dtd. 15/10/2015 passed by the learned Civil Judge, Class-II, Dharampuri, District Dhar in Civil Suit No.8-A/2014.

(2.) The brief facts of the case is that appellant/plaintiff filed a civil suit in representative capacity on the averments that there was a temple belonging to the followers of Jain Community at village Bikhrone. It was averred that the entrance gate of the aforesaid temple was towards southern direction and towards the eastern wall of the temple there was a public road, which was being used by the public at large. It was averred that the temple building was quite an old construction and as it was in a dilapidated state, the defendants had started renovation of the temple and that in that process they had started constructing a staircase towards the eastern wall of the temple on the public road, which was obstructing the use of the public road for the general public. The defendants filed their written statement and denied all the averments.

(3.) The trial Court framed the issues in the suit and on the basis of the pleadings of both the parties recorded the evidence of the parties and thereafter passed the judgment and decree dtd. 15/10/2015 whereby the suit filed by the plaintiff was dismissed.