ROSHAN LAL BHOPAL Vs. BHARAT SINGH

JUDGEMENT

(1.) TERSELY , the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that, initially, petitioner -plaintiff Roshan Lal Bhopal s/o late Mala Ram (for brevity "the plaintiff"), has instituted the civil suit (Annexure P1), for a decree of declaration to the effect that he has acquired the ownership, by way of easementary rights, with a consequential relief of permanent injunction, restraining respondents -defendants Bharat Singh Mittu s/o Mehar Chand and another (for short "the defendants"), from raising any sort of construction over the disputed plot (passage) in any manner. The plaintiff has also filed an application for ad interim injunction under Order 39 Rules 1 and 2 read with Section 151 CPC.

(2.) SEQUELLY , the defendants contested the claim of plaintiff and stay application, filed the written statement and reply to stay application, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(3.) THE trial Court dismissed the stay application of plaintiff, by means of impugned order dated 17.10.2011 (Annexure P3).