MOHAN LAL Vs. BALDEV RAJ

JUDGEMENT

(1.) The Suit was filed by Respondent No.1 seeking a mandatory injunction for removal of the temporary tin sheds and other obstructions allegedly raised by the Appellant on the disputed piece of land, which was stated to be a twelve metres wide public land on the Western Side of the house of the Appellant/Defendant No.1, causing hindrance in the Plaintiff's ingress and egress from the side gate of his house situated on Plot No.184 on the further West, in the adjoining "Sharma Colony"?, whereas the Defendant's house bearing No.111, is located in "Madhu Colony, Yamuna Nagar"?. It may be mentioned that the disputed "public"? land is otherwise a part of the said Madhu Colony. The Decree for mandatory injunction as sought for by the Plaintiff/ Respondent No.1 was granted in his favour by the Ld. Trial Court on 26th March, 2004.

(2.) The Appeal filed by the Appellant against the said Decree was dismissed by the Ld. Additional District Judge, Jagadhari on 19 th April, 2006 vide the impugned Judgment. Thereafter, the present Appeal was initially disposed off by a Co-ordinate Bench of this Court on 21st May, 2010, with the following observations :-

(3.) Respondent No.1 being aggrieved with the said decision preferred Special Leave Petition No.30916 of 2016, after which Civil Appeal No.5310 of 2013 in the Hon'ble Supreme Court of India, was disposed off after setting aside the aforesaid Judgment of this Court dated 21st May, 2010, and the matter was remitted back to this Court with the following directions :-