RAM PHAL Vs. NARESH AND OTHERS

JUDGEMENT

(1.) The present regular second appeal has been directed against the judgment and decree dated 13.08.2015, passed by the learned District Judge, Kaithal vide which the regular first appeal filed against the judgment and decree dated 03.11.2012 passed by learned Civil Judge (Junior Division), Kaithal has been dismissed.

(2.) As per the case of the plaintiffs-respondents, they are owner in possession of the house shown in green colour in the site plan attached with the plaint situated within the abadi deh of village Garhi- Padla. There is a street, which leads from main street to their house. The appellant-defendant is constructing the house shown in yellow colour in the site plan on the northern side of the said street. He had constructed a projection to the newly constructed house in the street shown in the red colour in the site plan, which is causing inconvenience to them as well as others for egress and ingress. The loaded vehicles such as tractor-trolley etc. cannot pass. Hence, the suit.

(3.) The appellant-defendant contested the suit on the grounds inter alia that the street in dispute was divided into two parts of 5 feet, each, which was used by him as well as the plaintiffs as a result of the compromise arrived at between the parties. It was also settled that dividing wall will be demolished and street in dispute shall be used by them. It is further pleaded that street in dispute was built up by the Gram Panchayat. The ground floor of his house is already complete and there is no encroachment made by him in the street in question. He is constructing his house in the northern side. On the southern side also, there is construction of his house. He is constructing the house on the land purchased by him from Gopi Ram and Ram Sarup. He has already constructed the projections on the roof of the house and the height of the same is near about 16 feet. Since the construction is already complete, so no injunction can be granted. With these pleas the appellant-defendant pleaded for dismissal of the suit.