MAHESH KUMAR Vs. KAMLESH KUMAR SANGAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 12.2.2001 passed by Civil Judge (Jr. Division), Nawan Shahar vide which the suit for mandatory injunction filed by the plaintiffs was decreed with direction that defendant should cease to use the shop shown in red colour in the site plan attached with the plaint and should hand over the vacant possession to the plaintiffs within three months from the date of order and against the judgment and decree of the first Appellate Court dated 14.1.2004 passed by the Additional District Judge, Nawan Shahar whereby the appeal of the defendant -appellant was dismissed with costs.

(2.) BRIEFLY stated the facts of the case are that the plaintiffs are the owners of shop shown in red colour in the site plan attached with the plaint bounded as:

(3.) THE plaintiffs filed replication in which averments made in the written statement were controverted.