ANANDILAL AHIR Vs. TEJRAM AHIR AND OTHERS

JUDGEMENT

(1.) The petitioner/defendant No.1 has filed the present petition being aggrieved by order dated 19.3.2018 and 11.11.2017 passed by learned 2nd Civil Judge, Class II, Badnagar, District Ujjain in Civil Suit No.37-A/2017.

(2.) Respondents No.1 to 5 have filed the suit seeking relief of permanent injunction against the present petitioner alleging that he is raising illegal construction over the 20 ft. road situated in front of his plot. The said road is 100 years old and constructed over the land bearing Survey No. 1788 available for the use of general public and if the construction is permitted to continue, then the said road would not be available for the villagers. Along with the plaint, the plaintiff has also annexed the map.

(3.) After notice, the present petitioner being defendant No.1 filed the written statement by submitting that he is raising the construction over his land bearing Survey No.1789/2 area 0.03 Hect. The said land has been diverted for residential purposes by order dated 30.4.2011. The initial construction was of a temporary shed and now he is constructing the RCC roof. The plaintiff has filed the suit only for the purposes of harassment.