LAL SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) The petitioners, who are plaintiffs in Civil Suit No. CS-810-2023 titled Lal Singh and others vs. Harbans Singh, pending before the Civil Judge (Junior Division), Moga, have approached this Court challenging the order dtd. 9/10/2025 (Annexure P-4), whereby their application seeking inspection of the disputed wall through a qualified engineer, after digging from both sides, has been rejected.

(2.) The petitioners had filed the suit for a decree of permanent injunction, asserting that the wall marked as 'AB' in the site plan belongs exclusively to them and lies between the two adjoining houses. They sought to restrain the defendant from using this wall or opening any window, ventilator or aperture therein. A status quo order was passed by the trial Court on 23/1/2024.

(3.) During pendency of the suit, the petitioners alleged that the defendant constructed a room by raising the wall of the construction on the plinth of the plaintiffs' house and by using their wall marked 'AB'. The defendant, while admitting construction of a room, took the stand that he had raised his wall on his own plinth, and not upon that of the plaintiffs.