PRASANN KUMAR JAIN Vs. BASANT BAMAN RAO

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been filed on behalf of the petitioner-defendant assailing the order passed by the learned third Additional District Judge, Gwalior, in Misc. Civil Appeal No. 26-A/2008, whereby the order dated 3-11-2008 passed by the learned Fourth Civil Judge class -II, Gwalior, in Civil Suit No. 130-A/08, has been set aside and the application of temporary injunction filed by the plaintiff-respondent has been allowed.

(2.) THE plaintiff-respondent filed a suit for declaration and injunction in respect to a wall, which is in between the house of plaintiff and defendant (party wall ). According to the plaintiff, he is having a house, the description whereof has been given in Para 1 of the plaint. The said house was purchased in court sale dated 15-4-1956.

(3.) ACCORDING to Para 2 of the plaint, on the eastern side of the plaintiffs house, the house of defendant is there, which he bought in the Court sale. Further, it has been pleaded that at the time of purchase of the house by the plaintiff and defendant in the Court sale, the wall, which was in between the two houses, was kept joint and this has also been mentioned in the sale certificate of plaintiff and defendant. This wall is the disputed wall in the present suit and has been shown as " A - B" in the plaint map.