PRAKASH Vs. RAMPRATAP & OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 25.04.2016 by which the learned District Judge, Mandsaur has allowed the Miscellaneous Appeal filed under Order 43 Rule 1 of the CPC and granted the relief of temporary injunction in favour of the plaintiff.

(2.) The respondent Nos.1 to 3 filed the suit for permanent injunction on the ground that they are having right of way over the Government Land having Survey No.1593 (area 0.060 aare) & Survey No.1596 (area 0.130 aare) (suit land) to approach the land bearing Survey No.2125. The defendant Nos.1 & 2 are raising construction to block their way, therefore, they be restrained to raise any construction.

(3.) The plaintiff filed an application under Order 39 Rule 1 & 2 of the CPC along with the plaint. The defendants filed reply by submitting that the plaintiff has not filed any document to show that they have a right of way over the Government land and they are not raising construction over the Government land and therefore, no case for temporary injunction is made out.