CHANDER MOHAN BHARGAVA Vs. REKHA GARG

JUDGEMENT

(1.) THE plaintiff is in revision aggrieved against the order dated 8.3.2010 passed by the learned Civil Judge (Sr.Div.) Faridabad whereby his application for summoning official witness to prove his ownership has been dismissed and his evidence closed by court order.

(2.) IN brief the facts are that plaintiff filed a suit for mandatory and permanent injunction for directing the defendant from removing the obstruction from common passage between house no.30 and defendant's house no.31, Ward No.6, Jhankar Gulley, Old Faridabad. It was stated that the plaintiff's father was earlier owner of a bigger chunk of property including the suit property. He,during his lifetime, divided the suit property amongst his five sons including the plaintiff. One of the brothers sold his share measuring 78 square yards to the defendant vide sale deed dated 13.2.2008. It is further stated that in pursuance to a family settlement dated 20.8.1993 all the five sons were owners in possession of their separate portion. House of the plaintiff bears no.30 whereas the house of the defendant bears no.31 and there is a common passage for house of all the five brothers. It is further stated that in the absence of the plaintiff the defendant has raised construction encroaching upon said portion of the common passage. Hence the suit.

(3.) UPON notice, defendant has abstained from joining the proceedings before this Court.