PATHFINDER GLOBAL SCHOOL Vs. INDRASANI DEVI

JUDGEMENT

(1.) This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

(2.) Petitioners - defendants have filed this petition for setting aside order dtd. 4/11/2020 passed by learned Civil Judge (Senior Division), Pataudi (Gurugram) whereby application under Order 39 Rule 1 and 2 read with Sec. 151 CPC filed by the respondent - plaintiff was allowed as well as order dtd. 23/12/2020 passed by the learned Additional District Judge, Gurugram, whereby appeal filed by the petitioners, has been dismissed.

(3.) Brief facts necessary for adjudication of the matter are that respondent - plaintiff filed a suit for permanent injunction against the present petitioners alongwith an application under Order 39 Rules 1 and 2 CPC seeking interim relief. It is pleaded that plaintiff is the owner of a plot of 100 square yards with a house built thereon, as described in the plaint. She claims to have purchased the plot vide sale deed dtd. 15/5/2015. It is pleaded that vendor of the entire landin killa No. 23/1/1 had carved out a colony and had sold the land in the shape of plots. It is pleaded that plaintiff's plot is bound by a 16 feet wide passage on the eastern side, plot of one Rakesh Jain on the western side and of Suman Devi on the Southern side and boundary wall of the petitioners/defendants school, on the northern side. It is stated that since carving out of the colony and purchase of plot in 2015 which is at a dead end adjoining the boundary wall of the school, has been used by the plaintiff for ingress and egress to her residential house. It is averred that the defendants subsequently purchased some of the property towards south of the plaintiff's plot. Plaintiff's plot stands boxed in and now the defendant school seeks to take down part of the boundary wall at point A-B besides blocking the passage at point C-D as shown in the site plan, thereby obstructing the plaintiff's access to her residence.