RAMESH KUMAR Vs. GRAM PANCHAYAT, ROHNATH

JUDGEMENT

(1.) Petitioner filed a suit for permanent injunction to the effect that defendant-Gram Panchayat be restrained form interfering in the user of the public street 30' wide shown red in the site plan attached to the plaint and the Park adjoining to the street shown yellow in the site plan. It was also claimed that the defendant be restrained form taking unauthorised possession of the public street and the park. Along with the suit, an application for ad-interim injunction was also filed by the petitioners.

(2.) The suit as well as the application was contested by the defendant. Trail Court in order to decide the application for ad-interim injunction, appointed a Local Commissioner to report on the original site plan. Local Commissioner submitted his report on 29.9.1990.

(3.) On the basis of the report of the Local Commissioner trial Court declined to grant ad-interim injunction to the petitioners. Trial Court prima facie found that there is no common street as shown in portion ABCD and the yellow portion shown in the site plan exclusively belongs to Gram Panchayat for which plaintiff cannot claim any right whatsoever.