SURESH KUMAR Vs. MAALA RAM

JUDGEMENT

(1.) This regular second appeal of the defendant is against the judgment and decree dated 31.07.2015 passed by learned Civil Judge (Jr. Divn.), Bathinda whereby suit for permanent injunction filed by the respondent-plaintiff has been decreed and counter-claim filed by the appellant-defendant has been dismissed and against the judgment and decree dated 23.10.2015 passed by learned Additional District Judge, Bathinda whereby appeal preferred by the appellant-defendant has been dismissed.

(2.) For convenience sake, hereinafter, reference to parties is being made as per their status in the plaint.

(3.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that the plaintiff filed suit for permanent injunction restraining the defendant from entering forcibly and illegally in shop bearing MC No.2428 located at Court Road, Bathinda and from taking forcible possession of said premises, which consists of two shops on front side, the back portion has fallen down, where the plaintiff runs his business for the sale of shoes and further restraining the defendant from illegally interfering and carrying out demolition work of parapet (safety walls on the roof). The property is bounded as under: