CHARAN SINGH Vs. SURAJPAL AND OTHERS

JUDGEMENT

(1.) The present regular second appeal has been directed against the judgment and decree dated 04.03.2015, passed by the learned District Judge, Palwal vide which the regular first appeal filed against the judgment and decree dated 30.08.2013 passed by learned Civil Judge (Junior Division), Palwal was dismissed.

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

(3.) As per the case of the plaintiff-appellant, he and proforma defendants were the joint owners in possession of the suit property comprised in Khewat/Khatoni No.65/70, rectangle No.81, Killa No.1 (0- 9) to the extent of 10/152th share, situated within the revenue estate of village Harpali. The defendants in collusion with each other, raised construction of 'Khors' and boundary wall illegally about 2/3 years back. Defendant No.1 is a co-sharer and other defendants have nothing to do with the suit property. They are bent upon to raise the fresh construction and if they succeeded in doing so, the plaintiff will suffer an irreparable loss and injury. The defendants refused to vacate the suit property in spite of repeated requests. Hence, the plaintiff filed the suit for possession with consequential relief of injunction.