BHUSHAN PAL Vs. MOHAN SINGH

JUDGEMENT

(1.) For the reasons mentioned in the application, the order dated 12.4.2005 is recalled. The appeal is restored to its original number. C.M.No.9445-C of 2006. CM is allowed. The documents are permitted to be taken on record. R.S.A.No.1864 of 2004.

(2.) The plaintiffs is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby decree for permanent injunction in respect of the alleged passage claimed by the defendant, was declined.

(3.) It has been found that previous judgment and decree dated 4.3.1997, Exhibit D-3 and D-4 recognize that there is a passage. Such passage is reflected in the sale deed executed by Kartar Kaur in favour of the plaintiff in the year 1975 and in favour of the defendant in the year 1976. The said sale deeds were subject matter in the earlier suit wherein right of passage of the defendant was recognized.