SARMEL SINGH SANDHU Vs. ANKUSH GOYAL

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution challenges the order dated 13.7.2015 passed in M.A.No. 3/2015. By this order, the miscellaneous appeal of plaintiff filed under Order 43 Rule 1 CPC is allowed by the court below.

(2.) The respondent/plaintiff filed Civil Suit No.54A/2014 for declaration and permanent injunction. An application under Order 39 Rules 1 and 2, CPC, was also filed for grant of injunction. The said application was rejected by order dated 13.1.2015 (Annexure P/24). Feeling aggrieved by this order, the aforesaid Misc. Appeal was filed. The court below by order dated 13.7.2015 allowed the appeal and directed that in the enclosed map a road is shown as public road. The plaintiff be not restrained from using said road to approach his land.

(3.) Criticizing this order, Shri Rajendra Jain, learned counsel for the petitioners submits that in view of averments of relief clause in the plaint, it is clear that there is a dispute in relation to existence of the said road. The present petitioners have specifically contended that plaintiff has no right on the said road. He placed heavy reliance on the map (page 154). He submits that there is no road at the place as contended by the plaintiff and, therefore, court below has erred in granting injunction.